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(영문) 대전지방법원 천안지원 2018.07.12 2018고단767

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C21 ton cargo vehicles.

On March 30, 2018, the Defendant driven the above vehicle and driven it around 09:38 at Asan City, 43-lanes of the national highways in the vicinity of the Sinsan City, New-Namn ri-ri, New-Nam, the Defendant proceeded at about 75 km each hour from the parallel of the national highways from the parallel of the Sinsan to the ASEAN.

In this case, the driver of the motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by accurately manipulating the steering gear and other devices.

Nevertheless, by negligence such as manipulating radio during driving, the Defendant received 119 reported at the bend to the bend, and called the D fire fighting vehicle belonging to the Asan Fire Station, which was under the stop, due to the shock, received the said fire fighting vehicle in the future, and received the victim E (the 28 years old), F (n, the 23 years old), and G (n, the 29 years old), which is a fire fighter, who was engaged in opening rescue operations at the front of the vehicle.

The Defendant caused the victims to die at the site due to multiple occupational injuries, etc. due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, and K;

1. A survey report on actual conditions;

1. Photographss by cutting off on-site photographs and fire fighting stuffs images;

1. Each body death certificate;

1. A criminal investigation report (accidents, etc.);

1. Application of the statutes on traffic accident analysis;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. With respect to the defendant who drives a large-scale cargo vehicle that has a possibility of a large-scale accident even due to minor negligence of the driver on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended execution, he/she has a high duty of care to prevent the occurrence of a traffic accident by fulfilling his/her duty of care in front and in the operation of brakes;

and at the time of the accident.