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(영문) 대전지방법원 천안지원 2015.04.23 2015고단99

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 freight cars.

On November 2, 2014, around 18:40 on November 2, 2014, the Defendant followed the road of the E-do in front of the Yananan City.

At night, the above place is a road that is not divided into two lanes, and the one-way one-way one-way one has a duty of care to properly look at whether there is a vehicle that is driven by the lead, and to accurately operate the brakes and steering gear and prevent accidents from spreading.

Nevertheless, the Defendant neglected the above duty and caused the Plaintiff to fall off the ground by taking the front part of the Victim F (year 54) driving, which was proceeding with Byungcheon IIC room, by negligence on the part of the Defendant who neglected the above duty, on the part of the Defendant’s cargo tank.

Ultimately, the Defendant caused the death of the above victim by occupational negligence at a single university hospital located in 201, the south-gu, Dong-gu, dong-gu, dong-gu, dong-gu, where the Defendant was under treatment for transmission at around 09:0 on November 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each description and image of the actual condition survey report and field map, report on the occurrence of traffic accidents, and inspection report;

1. Statement of a written diagnosis of death;

1. Application of video-related Acts and subordinate statutes, such as 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not less than one month but not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types), traffic crimes, Type II (Death of Traffic Accidents) (Special Sentencing) (Death of Traffic Accidents) among general traffic accidents, where a victim has been negligent due to considerable negligence in the occurrence of a traffic accident, or not to impose punishment (limited to the range of recommending punishment) (limited to the range of recommending punishment), between two months and ten months;

3. Determination of sentence: One year of a suspended sentence of imprisonment without prison labor for four months;