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(영문) 대전지방법원 홍성지원 2018.06.27 2018고단302
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of rollls trucks B 20.7 tons.

On December 11, 2017, the Defendant driven the above cargo vehicle at a speed of about 78 km/h in the direction of the west-gu ICT, Seocheon-gun, Seocheon-gun, Seocheon-do, the 172.1km in front of the west Coastal Highway at a point of 172.1km, which is in the welfare of the west-gu, Seocheon-gun.

At the time, snow getting off, the surface was slicked and slicked, and in the front of the road, a large number of vehicles stopped on the road due to a prior accident, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by safely driving the vehicle, such as reducing speed, saving the front and left right and the left, accurately operating the steering and the steering system.

Nevertheless, the Defendant neglected this and tried to look at the center side due to the preceding accident in the front of the course of the accident at the time, and found the victim C (52 Dok-do) who was under the influence of stopping at the center due to the preceding accident at that time, and did not immediately drive the Dok-do Do, but did not avoid the Dok-do Do, but received the victim's left part of the cargo vehicle in front of the cargo vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above, from the job to the multiple trauma.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (1) and reporting of a traffic accident (2) (2) (2));

1. Photographss and field photographs by cutting a shot photo, black stuff image, and by cutting down the shot;

1. A death diagnosis certificate (C);

1. Application of Acts and subordinate statutes to traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (i.e., the primary offender, the recognition of and reflects the mistake, the adoption of the victim's bereaved family members and the smooth agreement with the victim, and the economic situation is not good.

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