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(영문) 대전지방법원 천안지원 2020.05.25 2020고단303

교통사고처리특례법위반(치사)

Text

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

except that the execution of the above punishment shall be suspended for 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 the duty of driving Category B motor vehicles.

On October 29, 2019, the Defendant driven the above car on October 18:15, 2019, and proceeded with the roads near Chungcheong-gun C, Chungcheongnam-gun, Chungcheongnam-dong, in the direction of the Si/Eup/Myeon.

At the time, it is difficult to ensure that there is no street lamps around the road at night, so in such cases, there was a duty of care to prevent accidents, such as a driver of a motor vehicle, a driver of a motor vehicle, who is well aware of the right and the right and the right, and accurately handles the steering direction and the brake system, etc.

Nevertheless, the Defendant neglected this and caused the victim who was driving ahead of the road in the front direction by the victim D (year 78) to shock the front section of the road in front of the above passenger vehicle of the Defendant, which was driven by the victim D (year 78) who was driving in the same direction, and thereby caused the victim who was on the road in front of the road, to fall down on the river below 5 meters on the right side of the road.

Ultimately, at around December 29, 2019, the Defendant died of the victim due to the above occupational negligence from the Chungcheongnamnam University Hospital, which was located in Daejeon-gu, Daejeon-gu culture, to the extent that the Defendant died of the victim due to the credit propoppy.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. A photograph of each accident site and photograph of an accident vehicle;

1. Application of Acts and subordinate statutes to the actual survey report;

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 selection of

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment without prison labor for not more than five years;

2. Scope of recommendations according to the sentencing criteria: A credit cooperative punishment for not less than four months but not more than one year (decision of type): A general traffic accident [Class 2] and the mitigated factors of the death of a traffic accident [Special Sentencing]: A reduction area of punishment (the recommended area and the scope of recommendation): A credit cooperative for not less than four months and not more than one year;

3. Determination of sentence;