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(영문) 대전지방법원 2015.09.16 2015고단1425

교통사고처리특례법위반

Text

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

except that 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 of C Freight.

On January 15, 2015, the Defendant driven the above cargo vehicle around 01:00 and proceeded from Daegu to Youngcheon-do, the Busan-do 112.8 km point of the Gyeong-do, Jinsan-si, Busan-do.

At the time, the fourth line is at night, and the fourth line was an expressway that reduces the third line, so there was a duty of care to make a person engaged in driving of a motor vehicle not to stop a motor vehicle on the side of the side without any inevitable reason.

Nevertheless, at around 04:21 on the same day, the defendant neglected to stop the above cargo vehicle on the side of the road until the victim D (ma, 44 years old) drives the truck on the above road, and did not install a triangulation and a flame signal on the rear side, and the victim who was driving the above four lines on the above expressway due to the negligence of the flashing in the above cargo vehicle, was not considered as the cargo vehicle of the defendant, and got the cargo vehicle of the defendant.

Ultimately, at around 05:51 on January 15, 2015, the Defendant caused the death of the victim due to the above occupational negligence in the G Hospital located in the Daegu Dong-gu, Daegu-gu by chest pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The actual condition survey report;

1. Photographs of accident place, etc.;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to notify traffic accident investigation and analysis results;

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. Circumstances in favor of the reasons for sentencing under Article 62(1) of the Criminal Act: Sentencing - The range of recommended sentences - The basic area of general traffic accident Type 2 (Death, etc.) and imprisonment without prison labor in the case of general traffic accident, as follows: The fact that the result of the accident is serious and there is no agreement that the victim is responsible for a certain portion of the occurrence or expansion of the accident;