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(영문) 대전지방법원 천안지원 2017.11.09 2017고단2150

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a 25 ton cargo vehicle.

On July 20, 2017, the Defendant proceeded along the two-lanes of the road on the 321km in south-gu, Southern-gu, Chungcheongnam-gu, Seoul-do.

At the time, road repair works were conducted on the three-lanes of the above road. In such cases, there was a duty of care to prevent accidents in advance by putting forward front, rear, left, and right and right of the driver of the vehicle, and accurately manipulating the steering system.

Nevertheless, the Defendant neglected to do so and caused the above three-lanes of the above road to be the victim E (26 years old) who was working in the front of the above cargo vehicle and was working in the front of the above cargo vehicle, and had the above roller tensions in the front of the above cargo vehicle, and due to its shock, the above roller tensions in the front of the above tights.

As a result, the Defendant caused the victim by negligence on July 21, 2017, and caused the victim's death at the heart show 201 in South-dong-gu, South-gu, East-gu and its affiliated hospital, and at the university affiliated hospital, the victim's death at the heart show show.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Report on investigation;

1. An accident scene photograph;

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 According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents), the mitigation area (4 to 1 year), the recognition of crimes not punishable (including efforts to recover damage), the recognition of and reflects on the crime (the decision of sentence], the agreement with the victim's bereaved family members, and other matters, the defendant's age, sex behavior, family relationship, family relationship, family environment, and crime.