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(영문) 대전지방법원 2017.08.08 2017고단1819

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 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 a D-port cargo vehicle.

On March 10, 2016, the Defendant driven the above cargo vehicle around 06:00, and proceeded at the speed of about 101km from Daejeon to the speed of 4.6km from Daejeon Island, at the speed of 44.6km from Daejeon, along the two-lanes.

Since they are inside a tunnel, they have a duty of care to live well on the right and the right and the right and the right and the right of the driver, and to operate the steering gear and the brake in a safe manner.

Nevertheless, the defendant neglected this and failed to care well for the right side of the same direction, and has stopped due to the breakdown on the side side of the same direction.

E Driving did not discover a F 25 tons truck truck truck truck truck truck vehicle, and received the back part of the left side of the truck truck truck truck vehicle of the above 25 tons as the front side of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the Defendant’s occupational negligence to die of the Victim G (V, 69 years of age) and the Victim H (V, 69 years of age) who was on the back seat of the Defendant, who was on the back seat of the Defendant’s truck.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A death certificate (H.G) and each postmortem report;

1. Application of statutes to response to requests for appraisal by the Daejeon Institute of National Scientific Investigation and Investigation Research;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The gravity of the result of the crime that is the death of two victims; favorable circumstances: The defendant is against his/her gender;

(k) Elementary offender;

It is the fact that the victims have agreed with their bereaved family members (30 million won each of the criminal agreements).