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(영문) 대전지방법원 공주지원 2017.07.21 2017고단160
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of a D-port cargo vehicle.

On May 3, 2017, the Defendant driven the above cargo vehicles around 18:45, and led the Defendant to the right bypassing about 40 km from the right side of the water side to the right side of the water side of the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun.

At the same time, the defendant was carrying three seconds, such as the victim E(7), when loaded the cargo vehicle, the defendant was carrying three primary lights, such as the victim E(7).

A person engaged in driving of a motor vehicle shall not drive a person on board the cargo of a motor vehicle, and he/she was on board the cargo of a motor vehicle by reducing the speed and properly manipulating the steering gear in the case of towing on the bend road.

In order to ensure that early childhoods do not fall, there is a duty of care to ensure that they should be driven by examining the safety of the early childhoods through the rear police.

Nevertheless, the Defendant did not discover the fall of the victim who was on board while neglecting this, and did so without finding it, and did so, the Defendant fell, and added a rail railing of the above cargo vehicle, and served the victim with the rear wheels of the above cargo vehicle with 3-4 meters.

Ultimately, around May 3, 2017, at around 19:20 on May 3, 2017 by occupational negligence, the Defendant caused the death of the victim by a shock of low blood transfusions from the two external traumas.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, an investigation report (verification, etc. of accident scene and video data);

1. Application of Acts and subordinate statutes to a death certificate, on-site photograph, or motion picture of a deceased person;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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