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(영문) 대전지방법원 홍성지원 2018.09.12 2018고단534

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence 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 a person who is engaged in driving a car BVG G80.

On April 20, 2018, the Defendant driven the above vehicle at around 15:00, and led to a three-lane road at a point of 287.1km on the west Coast Guard, along one-lane, at a speed of about 112km from the Seoul Coast Guard.

At the same time, the car of C driver was temporarily stopped while opening a string line and operating an emergency, etc. due to the breakdown. In such a case, there was a duty of care to prevent accidents by safely operating the steering gear and operating the steering gear in a way that the driver of the vehicle is well aware of the string line and operating the steering gear in an accurate manner.

Nevertheless, the Defendant was negligent in operating the steering gear and operating the steering system in a way that does not well see the steering room, and without accurately operating the steering gear and operating the steering system, and received the back of the car of the above AV as the front part of the NoV car.

Ultimately, the Defendant caused the death of the Victim E (83) and the Victim F (78 years old) who was on board the said Car due to the above occupational negligence before the end of the trial.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (1)- (1) - (2) - (2) - (2) - (3) - on-site photographs of the accident site;

1. Results of traffic accident EDR analysis;

1. Photographss by capturing a black stuffed video data;

1. Application of Acts and subordinate statutes of death (E) and death certificate (F);

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

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

1. Selection of a credit cooperative;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that a mistake is recognized and reflected, the fact that the bereaved family and the original agreement is reached, the support for the family including the young children, the fact that social ties is obvious, and there is no history of punishment exceeding the same criminal record or fine.