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(영문) 대전지방법원 천안지원 2016.03.11 2016고단82
교통사고처리특례법위반
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

On November 9, 2015, the Defendant driven the freight truck of B B around 13:55 on November 13:3, 2015, and led the front of D in the north-gu C at the time of the entrance direction to proceed at the speed of the speed unfash in the direction of the sex police box in the direction of the entrance direction.

At this point, the width of one lane was narrow, so in such a case, the driver of the vehicle has a duty of care to observe the safety distance with other vehicles while keeping the front door well and to prevent accidents by accurately operating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected to do so and reported the situation in which the victim E (78) drive this FOba in the front direction, but did not take into account the distance between the above Oba in the course of overtaking the above Oba, and did not take into account the distance from the above Oba, thereby causing the victim to face the head on the road while getting off the left side of the Obaba, and the victim fell from the Obaba.

Ultimately, the Defendant caused the victim to die by occupational negligence on November 15, 2015 at a single university hospital located in the Southern-si, Yan-si around 16:02 on November 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on a traffic accident, a survey report on actual condition, and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [the type of determination] traffic crimes, 01 ordinary traffic accidents, and 2 types (the person who is in charge of special sentencing] mitigation factors: The mitigated factors (including serious efforts to recover damage) [the person who is in charge of general sentencing] mitigation factors: relief measures after accidents, serious reflectness, and criminal punishment.

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