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(영문) 대전지방법원 천안지원 2012.09.28 2012고단1099
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On May 23, 2012, the Defendant is a person who is engaged in driving of the B-Top Roster. On May 23, 2012, the Defendant was driving the said Gap on around 22:15, and the two-lane roads in front of the funeral hall of the New Hospital in the Sinsan-si, the National Cemetery in the Sinsan-si were driven at a speed of about 57-70 km each hour, depending on the new protection from the shooting distance.

There are three-distances in which yellow on-and-off signal is installed, and the victim C(49 years of age) crosses the road on the right side in the right side of the defendant's running direction, so in such a case, the defendant engaged in driving service has a duty of care to check whether the defendant is a pedestrian and to accurately operate the steering gear and brakes so as to prevent traffic accidents in advance.

Nevertheless, the defendant neglected this and did not discover the victim's body due to negligence, and caused the victim's body to be shocked by the front left-hand side of the defendant's knife and 40.8 meters away from the road.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, which was caused by the de facto suspension of a cage cage cage at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on traffic history;

1. Each report on investigation;

1. All on-site photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture [decision of types] Traffic Offenses. General traffic accidents [Special Neither Persons nor Persons who have been sentenced to punishment (including serious efforts to recover damage) / [decision of the recommended area] mitigated area / [decision of the recommended area] mitigated area / [decision of sentence] April - October 10 (decision of sentence before adjustment according to the applicable sentences under the law] [decision of sentence] imprisonment without prison labor for 10 months and 2 years of suspended execution: the result of the Defendant’s instant crime is the victim.

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