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(영문) 대전지방법원 2015.06.24 2015고단1086

교통사고처리특례법위반

Text

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

However, 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 driving a D-2 cargo vehicle.

On February 2, 2015, the Defendant driven the above cargo vehicle at around 14:40, and led the Defendant to go back to the above F capital from the first lane of the two-lane road located in Daejeon Seo-gu E.

Since the sidewalk was installed in front of the above F gate, in such a case, there was a duty of care to make sure that a person engaged in driving service was not a pedestrian who temporarily stopped before and after the sidewalk was set up, and that there was a duty of care to prevent accidents due to the failure of accident.

Nevertheless, the defendant neglected this and did not discover the victim G (72 years of age) who was crossing the horse from the right side of the proceeding to the left side, and did not discover the victim G (72 years of age) and had the above victim use it on the floor.

Ultimately, at around March 9, 2015, the Defendant caused the death of the said victim by occupational negligence, from the Gannam University Hospital Hospital of Daejeon-gu, Daejeon-gu, Daejeon, to a multiple long-term care.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report (the actual survey report 1, 2);

1. A death certificate;

1. Application of the Acts and subordinate statutes on a site photograph of an accident, CCTV-faging photograph, and rupture photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing guidelines (decision of types), traffic crimes, general traffic accidents, and Type II (Death, etc. resulting from traffic accidents): Reduction factors: None of the area of reduction [the area of recommendation and the scope of recommendation], the area of reduction of punishment (the area of recommendation and the scope of recommendation), April to October;

2. Determination of sentence: