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(영문) 수원지방법원 여주지원 2018.10.31 2018고단607

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

On February 4, 2018, around 19:15, the Defendant driving a two-lane road in front of Jincheon-gun, Jincheon-gun, Chungcheongnam-do, B, one-lane in accordance with Jincheon-gu, Jincheon-do, Jincheon-do.

At the time, the accident management took place on the road due to the accidents involving D Driving E, F Driving G, the victim H(47 Doh), the victim H(H), the K Ha Ha Ha la car, etc., and the related persons. In such a case, the driver has a duty of care to take a person in charge of driving a vehicle into account the right and the right and the right of the vehicle, maintain the safety distance with the vehicle in front, and prevent the accident by safely driving the vehicle.

Nevertheless, the Defendant neglected this and did not check the front side properly, received the victim who was on the road in front of the driver's freight in order to manage the accident due to negligence, and caused the victim's death from the front side of the driver's freight on the same day around 19:29 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L, D, F, M, or N;

1. Written Statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. An accident scene photograph, or an accident vehicle photograph;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Scope of punishment: One month to five years without prison labor;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] the basic area (eight months to two years) (no person who is subject to special sentencing) of the types of general traffic accidents.

3. The case is very serious because the result of damage caused by occupational negligence by the defendant's decision of sentencing is the death of a person.

However, in addition to the defendant's negligence, prior traffic accident-related persons, including victims, for the prevention of subsequent accidents.