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(영문) 대전지방법원 서산지원 2020.01.28 2019고단1125
교통사고처리특례법위반(치사)
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 driving a marina freight vehicle B.

On September 2, 2019, the defendant got to turn to the left on the right side from the right side of the late door of the D plant located in C at Si of Siljin-si.

In such cases, the driver has a duty of care to make a left-hand turn after checking the right and left-hand side prior to the left-hand turn and checking the safety of the career.

Nevertheless, the defendant neglected to turn to the left as it is and instead neglected to do so and received the body part of the victim E (the age of 68) who crossed the road at the same time as the front part of the defendant's cargo vehicle.

Ultimately, at around 23:51 on the same day by occupational negligence, the Defendant caused the death of a victim who was receiving medical treatment at a G Hospital located in the G Hospital in the Siljin-si F due to serious cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on the occurrence of a traffic accident;

1. The actual survey report on traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. The criminal liability of the accused is not easy in that the serious result of the victim's death occurs due to a traffic accident that occurred due to the defendant's breach of duty of care for safe driving;

However, the fact that the defendant's mistake and reflects, the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance, and the victim's bereaved family members and the victim's family members have agreed smoothly.

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