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(영문) 대전지방법원 2017.02.08 2016고단3788
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 one year 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 DNA cargo vehicle.

On September 1, 2016, the Defendant driven the above cargo vehicle around 03:57, and proceeded with three lanes in front of Daejeon Dong-gu, Daejeon, by one speed from the four-distance off to the four-distance off of Samsung Ne-distance off, at a speed of about 66km.

At the time, there are nights and places near the crosswalk, so in such a case, the driver has the duty of care to prevent accidents in advance by reducing the speed and driving the right and the right on the front side.

Nevertheless, due to the negligence that the Defendant neglected the duty at the time of the front week and proceeded with approximately 66 km speed above the speed of 50 km, which is the speed limit, the Defendant did not discover the victim F (59 tax) who was standing on the left side of the road from the direction of the Defendant’s proceeding to the left side, and shocked the front part of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury of the two parts and the chest long-term damage caused by the traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning criminal facts, 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. Article 62 (1) of the Criminal Act on the suspended execution (including the absence of criminal records exceeding a fine, the victims' bereaved family members do not want criminal punishment of the defendant, the fact that the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the circumstances of the accident, and the reflection of the situation, etc.);

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