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(영문) 대전지방법원 공주지원 2017.06.09 2017고단111
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 10:30 on November 16, 2016, the Defendant is driving a dump truck truck with the C 5 tons dump truck with the front of the Cheongyang-gun Cheongyang-gun in the Cheongyang-dong Cheongyang-do. At that time, the above road at the time was set off on the surface of the Cheongyang-gun in the Cheongyang-dong Cheongyang-do, and there was a duty of care to reduce speed and prevent an accident by properly examining the right and the right and the right of the vehicle. However, the Defendant neglected the duty of care to reduce the speed and prevent an accident, and caused the death of the victim (e.g., the victim) who was on the left side of the road near the above road to the left side, caused the death of the dump truck due to the occupational negligence where the Defendant did not look at the dump truck and did not reduce speed, and the car normally proceeded at the opposite lane of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

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

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and reporting on an investigation;

1. A corpse inspection report and a corpse inspection report;

1. Application of field photographs, screen pictures, CD-related 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 (including efforts to recover damage] the decision of sentence] the serious result of the victim's death due to the traffic accident in this case. It is inevitable to select imprisonment without prison labor.

However, the defendant shall be led to confession.

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