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(영문) 대전지방법원 천안지원 2018.08.17 2018고단1247

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 cars of the modern 4.5 tons.

On March 29, 2018, around 17:45, the Defendant driven the cargo vehicle on the front of the D Temporary Parking Lot in Asan-si, Asan-si, and parked along the parking lot from the front side of the parking lot.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the brakes and the weather speed system and to prevent accidents due to the reason that the driver of the motor vehicle had a duty of care.

그런 데도 피고인은 이를 게을리 한 채 후진 기어가 들어가 있는 상태에서 클러치에서 발을 뗀 과실로 위 화물차가 뒤로 튕겨 올라가게 하여 마침 위 화물차 뒤쪽에 서 있던 피해자 E(51 세) 을 피고 인의 위 화물차의 뒷부분으로 들이받아 위 화물차와 후방의 주차된 다른 화물차 사이에 끼이게 하였다.

Accordingly, the Defendant caused the death of the victim by the foregoing negligence due to the respiratory suspension caused by the surgery of trauma, etc. at a university of the Republic of Korea and at a university affiliated with the university of the Republic of Korea, South-dong-dong-dong-dong, South-gu, 2018, around March 29, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 2 (person subject to special mitigation] and penalty not exceeding [the scope of recommended punishment], the area of mitigation of punishment by imprisonment without prison labor for not less than four months and not more than one year;

2. The defendant who has rendered a sentence shall make a traffic accident by negligence;