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(영문) 대전지방법원 논산지원 2016.08.09 2016고단106

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight 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 a person who is engaged in driving of CPoter freight vehicles.

On November 3, 2015, the Defendant driven the above cargo vehicle around 11:30, while proceeding 53 Do 53 along the three-dimensional map of the Chungcheongnam-gun, Chungcheongnam-nam, along with the three-dimensional road from the galth of the galth of the galth of the gular road.

At all times, from the road to the one-way, the driver driving in the opposite direction from the opposite direction in the opposite direction is driving along the road, so in such a case, the driver engaged in driving service has a duty of care to temporarily stop the vehicle and to call attention to the driver in the opposite direction to avoid the collision and prevent the accident.

Nevertheless, by negligence, the Defendant neglected this and proceeded as it is, the part of the above cargo vehicle operated by the Defendant, which is the front part of the above cargo vehicle operated by the Defendant, driving a large-scale 100 Oralle in front of the above cargo vehicle operated by the Defendant, and the victim D (78 3) who was close to the direction of the Defendant was able to drive this vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence due to multiple long-term functions.

Summary of Evidence

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

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

1. A death certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage in the mitigated area (4 to 10 months) for the two types of general traffic accidents (the occurrence of traffic accidents) [the victim] [the special mitigated person] [the decision of sentencing] of the instant accident, and there is no unfavorable circumstance such as the victim's death and the victim's failure to reach agreement with the bereaved family members. However, there is no reason