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(영문) 대전지방법원 천안지원 2017.03.10 2017고단66
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a person who is engaged in the operation of C Eth Motor Vehicles.

On November 28, 2016, the Defendant driven the above vehicle at around 06:20 on November 28, 2016, and proceeded along the two-lanes in front of the Yong-gu Incheon Metropolitan City, Nam-gu, 306-1, from the Chang-gu to the Jincheon-do, along the two-lanes of the road.

At the time, it was difficult to look around the night before sunrise, and the road was ice down, and was under the condition of traffic control by police officers due to other traffic accidents in front of the defendant's proceeding direction. In such a case, the defendant engaged in driving duty has a duty of care to safely operate the steering and steering system and prevent accidents.

Nevertheless, the Defendant neglected this and went into operation, while driving on the road on the right side of the defendant's driving direction, operated the brake system rapidly by negligence by finding late the light wing of the victim D (51 tax) who was a police official who was under traffic control due to another traffic accident on the side of the direction of the defendant's driving direction, but the vehicle is dissatched, and the victim was faced with the body side of the victim's body part above the right side of the defendant's vehicle and went beyond the floor.

Ultimately, the Defendant caused the death of the victim due to brain ties at a single university of the Republic of Korea and at a hospital affiliated to the university, which is located in 201, south-gu, South-gu, South-gu, where the Defendant was under the treatment of the victim after the above occupational negligence around 08:14 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G self-statements;

1. Fact-finding survey report, report on the occurrence of traffic accidents, and photographs;

1. Application of Acts and subordinate statutes to medical certificates and death certificates;

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. The reasons for sentencing of Article 62-2 of the Social Services Criminal Act [Recommendation Penalty].

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