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(영문) 대전지방법원 공주지원 2013.08.30 2013고단185
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C Sejong Cargo Vehicles.

On May 3, 2013, around 16:34, the Defendant operated the national highway No. 29 in order to operate the said cargo vehicle before the Geumyang-gun, Jeonyang-gun, Jeonyang-gun, by the shocking of the Cheongyang-gun, and continued to proceed along the way to be assigned from the Cheongyang side.

Since there have been a bend road to the right-hand side, there was a duty of care to prevent accidents by safely driving the steering gear and brake system, such as making a person engaged in driving of a motor vehicle well seeing the right-hand side and right-hand side, and accurately operating the steering gear and brake system.

Nevertheless, the defendant neglected to drive his vehicle on the right side of the front side of the road by negligence while driving the vehicle on the roadside, and the above vehicle was transferred to the front side of the defendant.

Ultimately, at around 22:33 on the same day as above, the Defendant caused the death of the victim D (e.g., 75 years of age) who was on the same day on the same day due to cerebral ma while being treated by the F Hospital located in Hongsung-gun E.

2. The Defendant, through occupational negligence and at the same time and place as set forth in paragraph (1), transferred to the road where people are present, such as the victim D (the victim D, 75 years old), victim G (the victim 62 years old), victim H (78 years old), victim I (the victim I), and victim I (the victim I, 59 years old) by negligence, such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 189(2) of the Criminal Act, and Article 189(2) of the Criminal Act, and selection of imprisonment without prison labor

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the first crime and the first agreement between the victims and their bereaved family members).

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