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(영문) 대전지방법원 2019.09.19 2019고단2170
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 B Poter cargo vehicles.

At around 10:20 on February 18, 2019, the Defendant continued to run a gold-side office in the jurisdiction of the Simsan-si, Geumsan-gun, according to one-lane distance at the entrance of the Simsan-gun.

Since there is an intersection where no signal, etc. is installed, the driver of the motor vehicle who intends to drive the motor vehicle into the intersection has the duty of care to safely drive the motor vehicle when another motor vehicle is already entering the intersection.

The Defendant neglected this and proceeded with the Defendant’s negligence, and caused the e-mail of the victim D(75 years old) driving, who first entered the said e-mail of the said e-mail from the e-mail to the e-mail of the Geumsan-Eup.

At around 11:20 on February 18, 2019, the Defendant caused the death of the victim by occupational negligence to the F Hospital as the heart fee during the transfer to the F Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of the Act and subordinate statutes to the traffic accident report (actual survey report) and death diagnosis report (D);

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor]: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommendation area and recommendation range), reduction areas, imprisonment with prison labor for four months to one year;

2. There was a serious result of the victim's death in breach of the defendant's duty of care to decide the sentence.

However, the victim is negligent to some extent in the occurrence of the accident.

Defendant

Driving vehicles were covered by comprehensive insurance.

The defendant is only a bereaved family member and the bereaved family member of the victim.

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