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(영문) 서울중앙지방법원 2016.11.30 2016고단7011

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for one year.

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 14 tons car truck.

On April 28, 2016, around 06:35, the Defendant proceeded at a speed of about 74 km in the direction of the core elementary school in the direction of the charter three distance.

Since there is a center line of yellow solid lines, in such a case, the defendant engaged in driving motor vehicles had a duty of care to safely drive the motor vehicle while checking whether there is a motor vehicle driving on the opposite line.

Nevertheless, the Defendant neglected this and proceeded without finding a Gwing III truck that is driven by the victim F (year 52) who was driven by the opposite lane due to the negligence in the course of business, which caused the center line by the driver's negligence, and received the front portion of the driver's seat of the above truck that the Defendant drives as the front part of the upper part of the above car driver's car that the Defendant drives.

As a result, the Defendant caused the death of the victim due to cerebral cerebral blood by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. An investigation report (in cases of attaching photographs by cutting strings of straws and images);

1. Blue boxes and video CDs;

1. Investigation report (Analysis of operating recording devices of vehicles);

1. Application of Acts and subordinate statutes on a written autopsy;

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, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

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

1. Sentencing criteria [Scope of Recommendation] General traffic accident Type II (Death resulting from Traffic Accidents) (4-1 years) (including serious efforts to recover damage), the area of mitigation (4-1 years), the area of punishment is not subject to punishment (including special mitigation);

2. The defendant who is sentenced to sentence shall drive a large car truck with a loading weight of 14 tons.