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(영문) 대전지방법원 천안지원 2019.03.14 2018고단3065

교통사고처리특례법위반(치사)

Text

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 concrete mixed truck.

On September 17, 2018, the Defendant driven the above truck on September 14, 2018, and made a turn to the left at the future elementary school from a salt dynasium.

Since the left turn is a non-protective left turn, there was a duty of care to make a left turn safely so as not to obstruct the traffic of other vehicles by examining traffic conditions, such as the front door and left door.

Nevertheless, the Defendant neglected this and did not discover DNA driving by the victim C (Nam, 37 years of age) who was driven by the straight line in the opposite direction to the right side of the truck by negligence, and did not discover the front side of the above Otoba with the back wheels of the truck of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to the two parts of the external trauma in the emergency room on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement to E by the police;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes governing accident 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;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The defendant's negligence in the decision of sentence shall be severe, and the result thereof shall be severe: Provided, That the primary offender and the bereaved family members of the victim shall agree with the victim;