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(영문) 대전지방법원 공주지원 2016.09.23 2016고단188
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is engaged in driving of e-mail vehicles B.

On April 28, 2016, around 03:50, the Defendant was driving the said vehicle in front of the bus stops located in the area of the 1stmath (U.S.), the 39-lane national highways in the direction of settlement from the intersection to the direction of calculation.

At the time, it is night, and there is a road in which a crosswalk is installed, so if a person engaged in driving service has a duty of care to prevent accidents due to temporary suspension, etc. in the event that there is a person driving on the crosswalk by accurately operating the steering right and the steering gear well and accurately.

Nevertheless, the Defendant did not discover in advance that the Defendant driven the crosswalk due to negligence while neglecting such duty of care, and did not discover that the Victim C (82) is travelling along the crosswalk, and received the victim from the right side part of the Defendant’s vehicle.

Accordingly, the Defendant caused the death of the victim due to pressure on brain, cerebral intercourse, etc. due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (1)

1. A death diagnosis report or postmortem report;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (4 to 1 year) (including special mitigation persons) and non-execution of punishment (including serious efforts to recover damage);

2. The instant accident of this case led to a significant result leading to the death of the victim, and it is inevitable to select a sentence of imprisonment without prison labor.

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