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(영문) 대전지방법원 홍성지원 2015.06.10 2015고단203
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a 4.5 ton of the modern c 4.5 ton.

On January 21, 2015, at around 19:50, the Defendant formed Hongsung-gun, Chungcheongnam-do, Hongnam-ro, 707, one-laned road, one-lane, Hongnam-do, was proceeding to the Myeon Office formed on the side of the Dognam-do.

At the time, the taxi was at night and at the night, and there was a person on the side of the taxi, who stopped on the right side of the course, and thus, there was a duty of care to reduce the speed to those engaged in driving of the vehicle, to live well at the front, and to maintain a safe distance from the parked taxi, and to prevent the accident in advance.

Nevertheless, the Defendant did not discover the victim D(57 years of age) who was standing alone while neglecting this, and did not discover the victim D(57 years of age) and proceeded as it is, due to the negligence that the Defendant loaded the part of the cargo on the road, which the Defendant drives. Accordingly, the victim's head, which was used on the road, was turned back to the right wheels of the cargo vehicle that the Defendant drives.

Ultimately, the Defendant caused the death of the above victim by the above occupational negligence by immediately opening the bones of head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs of deceased persons;

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. Determination of the type of sentencing [limited to the applicable sentencing guidelines] of Article 62(1) of the Criminal Act (the range of applicable sentences under law] for the reasons for sentencing of Article 62(1) of the Act on the Suspension of Execution: Traffic crimes, general traffic accidents, type 2 (Death resulting from Traffic Accidents): The area of recommendation and the scope of recommended sentences: the area of mitigation of punishment, the area of imprisonment without prison labor for not less than 4 months and not more than 0 months.

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