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(영문) 대전지방법원 홍성지원 2017.11.14 2017고단634

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 CPoter II freight vehicles.

On July 17, 2017, the Defendant driving the above cargo vehicle around 07:30, and driving the front road D in front of the Chungcheong Hong-gun, Hongsung-gun, Hongsung-gun, along the two-lanes of the luminous intersection from the red general industrial complex to the luminous intersection.

At the same time, there was an intersection where signal lights are installed, so there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle, to live well on the right and the right of the motor vehicle, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and did not discover a body car from the tunnel room to the victim E (51) driving in the front of the above cargo vehicle to the front of the above cargo vehicle without finding a body car from the victim E (51) driving to the front of the above cargo vehicle, and received even the front door of the above vehicle.

Ultimately, on July 21, 2017, the Defendant caused the victim to die due to the above occupational negligence at a single university hospital located in South-gu, South-gu, East-gu, Seoul Special Metropolitan City (201), resulting in the death of the victim due to a cerebral blood from an external wound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

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 Accident No. 2 (Death by Traffic Accidents) (the imprisonment without prison labor for April to one year), the area of mitigation (the imprisonment without prison labor for a special mitigated person] [including efforts to recover damage] under the following circumstances, and all other conditions of sentencing indicated in the records, such as the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime.