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(영문) 대전지방법원 홍성지원 2017.01.11 2016고단722

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of 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 Cump trucks.

On January 22, 2016, the Defendant driven a dump truck around 06:15, and continued to drive a three-lane road at the intersection of the head of Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taenam-gun, along the two-lanes from the west to the west-si.

At the time, a new wall was installed and a signal, etc. was installed, so there was a duty of care to prevent accidents in advance by driving safely according to the traffic signals by reducing the speed and keeping the road well.

Nevertheless, the Defendant neglected to do so and went through the dump truck on the left side of the Defendant’s driving, which was the victim’s dump truck proceedinged from the right north north to the near interest, due to the negligence of entering the flap truck in violation of the signal.

Ultimately, the Defendant caused the victim’s death due to the injury of trauma, blood ties, etc. at the Seosan Medical Center located at the center of Seosan City, 149, around January 22, 2016, around 09:00, in the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and I;

1. Application of Acts and subordinate statutes to the traffic accident report (1), (2), each signal cycle table, death diagnosis certificate, investigation report (Evidence List No. 27,38) and investigation report (Evidence List No. 27,38);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

It is significant that the crime of this case is being committed and that the victim and the bereaved family members agreed to do so.