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(영문) 대전지방법원 2015.06.25 2015고단1398

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 the duty of driving Category C cargo vehicles.

On November 12, 2014, the Defendant driven the above cargo vehicle at around 22:40, while driving the front line of the Korean Communications, which is located in the Yongsan-gu Daejeon, Daejeon, along the two-lanes of the flow distance from the front line to the middle line.

At this point, the house is a road near the house and there are many people to cross the road without permission, so the defendant engaged in the vehicle driving duty has a duty of care to prevent accidents in advance, such as the defendant living well before and after the vehicle driving, and operating the steering gear and brake system accurately and safely.

Nevertheless, the Defendant neglected to do so and neglected to do so, and found the victim D (70 years of age, female) who illegally crossed a road on the right-hand side from the mastal left-hand side of the Defendant due to negligence, and received the victim as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on November 13, 2014, at the F Hospital located in the Dong-gu Daejeon-gu Daejeon, Daejeon, by pressure on brain, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents (Type 2), mitigated area, imprisonment without prison labor for April to October (Pronouncement of sentence] first crime, comprehensive motor vehicle insurance for the victim, subscription to a comprehensive motor vehicle insurance for the victim, intention not to punish the victim, social relation clearly and seriously reflect social relation;