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(영문) 대전지방법원 홍성지원 2015.06.05 2015고단206
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On February 2, 2015, the Defendant, around 19:15, proceeded at a speed of about 70 km from the distance of the registry office from the distance of raw ginseng to the distance of the registry office, with a two-lane distance from the distance of the raw ginseng.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the defendant neglected this and got the victim D (76 years old) who crosses the crosswalk to the right side from the left side of the vehicle due to negligence, which led to the defendant's failure to go beyond the ground.

Ultimately, at around 20:04 on the same day, the Defendant caused the death of a victim who was receiving medical treatment at a F Hospital located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, by reason of the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] General traffic accident [Article 62-2] The area of mitigation [Article 2] [Special Mitigation] [Article 4-10 months] [Pronouncement Decision] imprisonment without prison labor] 8 months, the period of suspension of execution 2 years, the defendant is the first offender, the defendant is against the victim and confession, the defendant's family members do not want the defendant's punishment, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and other crimes.

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