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(영문) 대전지방법원 천안지원 2018.08.17 2018고단1423

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a modern Track freight vehicle B.

On February 13, 2018, the Defendant driven the above modern Track freight vehicle at a point of 208 km in the parallel direction of the mid-to long-speed highway in the border of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on February 13, 2018, and continued at a point of 208 km from the Changwon to the parallel of two lanes each other at a speed of about 80 km from the Changwon.

At the time, night, snow was string, and there was a road to be bended by the direction. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce speed, to live well on the right and the right, and to accurately manipulate the steering and brakes to prevent accidents by accurately manipulating the steering and brakes.

However, the Defendant neglected to do so and went on the left side of the above modern Tracter Cargo.

C Driving a D 14 ton truck of the present 4.5 ton truck of the present 4.5 ton of the back of the present Track truck with the left part of the present 4.5 ton truck of the present 4.5 ton of the back of the present Track truck, and the victim F (21 ton) was pushed ahead of it in the future while driving the truck in the future and leaving the lane due to negligence that did not properly operate the steering gear.

As a result, the Defendant caused the victim to die by occupational negligence on February 13, 2018, from the H hospital located G in the Chungcheongbuk-si on February 13, 2018 to the low-blood shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to hear statements by victim I telephone);

1. A traffic accident report;

1. A traffic accident report;

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. Article 62(1) of the Criminal Act on the suspension of execution (the following extenuating circumstances are considered for the reasons for sentencing).