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수원지방법원 평택지원 2015.01.15 2014고단1483

교통사고처리특례법위반

Text

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

except that 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 the driving of a cargo vehicle B.

At around 01:00 on May 17, 2014, the Defendant driven the above cargo vehicle and proceeded at about 80 km from the Asan to the parallel of two lanes in front of Pyeongtaek-si C, along one-lane.

At the time, there was a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the front side in the driver of a motor vehicle, because the front side was at night.

Nevertheless, the Defendant neglected this and found the victim E (the age of 45) of the victim E (the age of 45) who was going beyond the road due to a prior accident due to negligence while neglecting it, and applied the hand to the right side to avoid this, but the Defendant did not avoid it, but did not go against the victim who was placed in the back and near the above cargo lane.

Ultimately, the Defendant caused the death of the victim due to the death, injury to the clothes, etc. around 01:25 of the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1);

1. Accident scene and photographs of collision;

1. A written result of autopsy;

1. Each request for appraisal, each report on appraisal, and the application of statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The sentence of suspended execution shall be imposed as ordered by the court, taking into account the following: (a) the Defendant’s liability leading to the death of the victim of the suspended sentence under Article 62(1) of the Criminal Act: (b) the Defendant’s liability for the crime was written off; (c) the Defendant’s consent was made with his bereaved family members; (d) the Defendant’s vehicle was covered by a comprehensive insurance; (e) the primary offender was a primary offender; (e) the Defendant’s vehicle was not a driver at night; and (e) the circumstances leading to the Defendant’s failure