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(영문) 수원지방법원 안양지원 2017.12.12 2017고단1815
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving B concrete mixed trucks.

On August 18, 2017, around 15:10 on August 18, 2017, the Defendant driven the above concrete mixing truck and proceeded with the opposite line while driving in Syang-gu C, Manyang-si, the Defendant was driving a pedal in order to proceed with the opposite line at a speed of about 5 to 10km at the speed of about 2 lanes in front of the new site of the D cafeteria.

At that time, there was a center line of yellow solid lines, and in the front section, vehicles are proceeding, so in such a case, there was a duty of care to make an intern at the place where the driver is permitted for the internship.

Nevertheless, the Defendant neglected this and caused the collision between the front part of a two-wheeled vehicle driven by the injured party E (50) who was normally driven by the injured party E (50) in the front part of the lane in which the Defendant is trying to proceed, and the front part of the vehicle driven by the Defendant and the front part of the vehicle driven by the Defendant, thereby having the injured party go beyond the road.

Ultimately, on August 20, 2017, the Defendant caused the death of a victimized person who was sent to the Gannam University M&D Hospital on August 20, 2017 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of the sentencing guidelines recommended] - Type 2 (Death, etc. by Traffic Accidents) basic area (8 to 2 years) - Special mitigation (in addition, including serious efforts to recover damage) / Cases where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Teaching Service is serious, or cases of bad driving.

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