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(영문) 의정부지방법원 2018.07.11 2018고단1723
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of freight cars with the D Ⅱ.

On August 25, 2017, the Defendant driven the above cargo vehicles around 09:15, and proceeded with the national highways No. 87 in front of Gangwon Hawon E in front of the same Eup with the speed of about 67 km in Sin-ri from the rith of the same Eup to the upper rith of the road.

Since the above national highways was connected by a route that can enter national highways, in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly see the section and the left and right of the motor vehicle, and to accurately operate the brakes and steering gear in order to ensure safe operation by accurately manipulating the brakes and steering gear.

Nevertheless, due to the negligence and negligence of neglecting and driving on the front bank, the victim's G enzye ECOTRT 110 Orala, which entered the national highway in the above lawsuit, was found to be late later, and operated, but the defendant's driving cargo did not avoid, and received the front part of the victim's driver's vehicle.

Ultimately, the Defendant caused the above victim's death by occupational negligence in the course of transferring the victim to a hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. A death certificate;

1. Sending results of each traffic accident analysis;

1. Application of investigation reports (Evidence Nos. 38 of evidence list), field inspection photographs and 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The area of special mitigation [the area of special mitigation [the victim is not subject to punishment, and the victim is also negligent in causing traffic accidents or expanding damage]] of Article 62(1) of the Criminal Act of the suspended sentence, which causes the defendant.

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