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(영문) 대전지방법원 2018.05.31 2018고단1053

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 sealed freight vehicles B.

On February 10, 2018, the Defendant driven the above vehicle at around 11:20, and driven the front road of D Council members in Seo-gu, Seo-gu, Seoul in the large exhibition, along the two-lanes from the water source to the yellow distance.

Since there are many people to cross the road without permission, it was confirmed whether a person engaged in driving service has a pedestrian crossing the road, and there was a duty of care to operate the steering system and brake system accurately.

Nevertheless, the defendant's negligence of neglecting the duty of her former week, led the victim E (the 74 years old) who crosses the road to the right side from the left side of the progress direction of the defendant, to the front part of the above vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence on the 17th 17th 06:30 of the same month from the Sin University Hospital of the Republic of Korea, which was located in the same Gu, 95, due to cerebral cerebral cerebral cerebral cerebral cerebral Bribery.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and photographs at the scene of an accident;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents) [In April to October] The punishment is not imposed (a person subject to special mitigation] in violation of the duty of due care, and thus, the liability for the crime is not weak. However, the fact that the victim dies in violation of the duty of due care, the fact that the mistake is divided in depth, that there is no past record of the same kind of power or fine, that there is no longer agreement between the victim and his/her bereaved family members, that the victim has reached a full agreement with his/her bereaved family members, and that the defendant's age, sex behavior, occupation, career, family environment, etc. are determined as per the disposition