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(영문) 대전지방법원 공주지원 2017.03.17 2017고단19
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving of B cargo vehicles.

On November 21, 2016, the Defendant 10:33 around 10:33, on board the above cargo vehicles parked on the road in front of the church, which are parked on the center of the public road in the city of 17-25, the city for the purpose of drawing up, and landed from the driver’s seat to see the urine.

Since it was a road of a downhill, a driver of the vehicle has a duty of care to safely maintain the state of stop of the vehicle and prevent the accident in advance by operating a parking brack (brick) if he/she leaves the driver's seat.

Nevertheless, the Defendant neglected this and went away from the driver's seat in the state of cancelling parking, and caused the rise of air pressure, thereby getting the victim C (69 years) who is a pedestrian who was a pedestrian who was living there.

The Defendant caused the victim's death due to such occupational negligence by using an in-depth shock shock from an in-house university hospital located in South-dong-dong-si in the same day on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A survey report and a response to a request for appraisal;

1. A protocol of autopsy and a medical certificate of death;

1. Application of field photographs, motion pictures, CD screen pictures and the Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] the area of mitigation (4 months to 1 year), [the person with special mitigation] punishment not to punish (including efforts to recover damage] [the decision of sentence] the serious result of the victim's death due to the instant traffic accident.

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