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(영문) 대전지방법원논산지원 2020.11.10 2020고단406

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for two 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 a sealed truck B.

At around 14:50 on July 5, 2020, the Defendant driven the above cargo vehicle, leading to the direction of the entrance of the D Village C from the direction of the D Village to the direction of the D Village.

At this point, the width is narrow so narrow, and therefore, in such a case, there was a duty of care to safely drive a motor vehicle by accurately manipulating the steering direction and brake system while checking whether there is a motor vehicle that proceeds from the operation of the motor vehicle by reducing speed to the person engaged in driving the motor vehicle.

Nevertheless, while the defendant neglected this and proceeded to the left side of the above road, the defendant did not avoid the FObab driven by the victim E (E, South and 65 years old) who was driven in the direction of the defendant's proceeding, and did not take the above Obababab in front part of the defendant's cargo vehicle, and caused the above Obababa to fall into the victim's floor, and the victim took the wheels part of the above cargo vehicle.

As a result, the Defendant caused the victim to die due to the above occupational negligence on July 8, 2020, at the H Hospital located in Seo-gu Daejeon, Seo-gu, Daejeon to death due to cerebral cerebral ties.

Summary of Evidence

1. A written investigation into the actual state of the defendant's oral statement;

1. An accident site photograph;

1. A written diagnosis of death by the police officer regarding I;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents, death of traffic accidents (special-sponsor], punishment or non-guin (the area of recommendation and the scope of recommendation), mitigated area, four months through one year;

3. The defendant who has rendered a sentence shall bend and bend.