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(영문) 대전지방법원 공주지원 2015.04.24 2014고단361
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 24, 2014, around 16:34, the Defendant came to proceed in the direction of official residence from the budget to the Dongcheon-gu Seoul Special Metropolitan City Green City.

It is an intersection where signal, etc. is not installed, and where the speed limit is 80 km per hour, and in such case, there was a duty of care to ensure that a person engaged in driving service has another vehicle, to observe the speed limit, and safely pass through the intersection.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by neglecting the speed of the limit beyond 35 km per hour, and neglecting it to the right side of the victim C(56 years old) driving, who proceeded to the above intersection from the left side of the direction of the defendant's proceeding, to the right side of the victim C(56 years old) driving.

In the end, the Defendant caused the death of the victim due to the above occupational negligence, such as the damage of the main body of evidence, the fry, and the cage cage cage at the place of death.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A corpse/C;

1. An appraiser/National Institute of Scientific Investigation;

1. 교통사고 발생보고서, 교통사고보고⑴⑵(실황조사서)

1. Application of Acts and subordinate statutes governing accident 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 (The following factors favorable to the accused among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. Application of the standard for sentencing [Scope of Recommendation] General traffic accident: Type II (Death, etc. of Traffic Accidents) (Act No. 4-10 months without prison labor) (special mitigation), the area where mitigation is mitigated (including special mitigation), the area where punishment is not imposed (including serious efforts to recover damage): April to October of a credit cooperative;

2. Determination of sentence -

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