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(영문) 대전지방법원 논산지원 2017.02.03 2016고단505
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 a person who is engaged in driving a CV car.

On August 2, 2016, the Defendant, at the time of 11:15 on August 22, 2016, proceeded with the underground roadway of 56 Scari Ro-ri, along a large high school, along the three-lanes of the three-lanes of the Do.

In such cases, a person engaged in driving service has a duty of care, such as driving according to the structure and performance of the vehicle, and operating the steering system, brake system, and other devices of the vehicle accurately.

Nevertheless, the Defendant neglected to do so and got the victim D (91) who was carrying the electric wheelchairs from the front direction of the running direction of the Defendant, which was the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant caused the victim's death by occupational negligence as above, which caused the victim's death while being treated at the E hospital located in the 13:25 Simsan-si on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) [No person subject to special sentencing] [Determination of sentence] / [Judgment of sentence] The result of the crime, such as the death of the victim due to the accident in this case, is not easy for the victim to commit the crime. However, the defendant reflects mistake and is the initial offender, the defendant deposited 12 million won against the victim's bereaved family, the vehicle is covered by the comprehensive automobile insurance, and all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, sex, environment, background of the accident, details of the defendant's fault, and circumstances after the crime.

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