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(영문) 대전지방법원 논산지원 2019.03.22 2018고단642
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a B-E cargo vehicle.

On September 23, 2018, at around 19:25, the Defendant driven the above cargo vehicles and proceeded at about 70km each hour from the airspace of the National Road No. 40-26, which is located in the 664-26, to the 40-lanes, depending on the two-lanes of the national highways.

At the time, the front of the Defendant’s proceeding took place at night, and the Do-high vehicle, which was driven by the victim C(48 years old), was parked on the side and stopped on the side, so in such a case, there was a duty of care to reduce the speed and prevent the accident by driving safely by safely examining the front left.

Nevertheless, the Defendant neglected this and got the victim who was approaching the left-hand side from the right-hand side of the Defendant’s course by negligence, and received the victim as the front-hand part of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the F Hospital in the F Hospital E, which was located at around 20:06 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. The actual condition survey report;

1. A death certificate;

1. Application of on-site photographs and Acts and subordinate statutes governing dexics;

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, and Article 268 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The circumstances that are favorable to the fact that the death of a victim was caused by the defendant's negligence: the victim's negligence appears to have occurred by the occurrence of the accident in this case; the victim's bereaved family members do not want the punishment against the defendant; the victim's bereaved family members do not want the punishment against the defendant once, and the defendant's age, character, environment, criminal records, circumstances of the crime, etc.

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