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(영문) 대전지방법원 천안지원 2018.08.17 2018고단326
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 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 D D D D D freight vehicles.

On January 3, 2018, the Defendant driven the above-mentioned vehicle around 18:20, while driving the vehicle at a speed of about 60km in the speed of 180km in the direction of the reception of the road at the south-dong-gu, Southern-do.

At the time, at night, housing was located near, and in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately operating and safely operating the steering direction, brakes and other devices of the motor vehicle and by preventing accidents.

Nevertheless, the defendant neglected his duty of care and found the victim E (at least 61 years old) who crosses the road to the right side from the left side of the running direction of the defendant due to the negligence of the defendant's failure to perform his duty of care, and led the damaged person to go beyond the road by shocking the damaged person to the right side of the vehicle driving by the defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on January 3, 2018, by causing the victim’s severe damage to the body of symptoms and chests at the Yancheon-si Hospital affiliated with the Nam-gu National University of 19:42, Nam-gu, Namcheon-gu, Namcheon-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video storage CDs installed on the vehicles under way;

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. The reason for sentencing under Article 62-2 of the Criminal Act, the content of the instant accident, the result of the victim’s death, etc. Meanwhile, the Defendant’s confessions and reflects the instant crime, and the victim also without permission on the road of the first line, where lighting is not good at night.

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