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(영문) 대전지방법원 홍성지원 2014.10.22 2014고단531
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years 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 cargo vehicle B 4.5 tons.

On June 7, 2014, the Defendant operated the above cargo vehicle around 06:50, and continued to drive the national highway No. 29 in front of the Hasan-gun, Hongsung-gun, Hongsung-gun, Pungsan-gun, at the speed of about 60 km each other, along the two-lanes from the old port to the upper distance of the mountain, at the speed of 10 km each other.

At the time, since the victim C(80 years old) was driving at the front of the year, there was a duty of care to reduce the speed to those engaged in driving service and to make safe driving by looking at the right and the right and the right of the vehicle well.

Nevertheless, the Defendant did not discover the remainder of the horse, and was negligent in proceeding with the Defendant’s driver’s freight vehicle, and received the part of loading the horse in front of the right side of the vehicle.

Ultimately, the Defendant caused the death of the victim C and the victim D (M, 78 years of age) who was accompanied by the said occupational negligence, in other words, by the chest and double damage, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes of each body of autopsy;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of applicable sentences under the law] below five years of imprisonment without prison labor (the application of sentencing guidelines): Traffic crimes, general traffic accidents, type 2 (Death resulting from Traffic Accidents): The area of recommendation and the scope of recommended sentences: the area of mitigation, the area of reduction, the area of imprisonment without prison labor for not less than four months and not more than ten months (the decision of sentence], the period of suspension of execution of not less than six months, and the period of suspension of execution of not more than two years by negligence of the defendant, but the victims’ bereaved family members agree with the defendant.

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