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(영문) 대전지방법원 논산지원 2017.02.03 2016고단609
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C-II cargo.

On October 19, 2016, the Defendant driven the above cargo vehicle, and proceeded to turn to the left from the direction of the head of Si/Eup/Myeon/Eup/Myeon office in order to turn to the left.

At the time, there was an open door, and there was a lot of intersections for vehicles, so a person engaged in driving service has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to accurately operate the steering system, steering system, and other devices of the vehicle, to reduce the speed prior to the entry into the intersection and to verify and drive the vehicle.

Nevertheless, the Defendant neglected this and followed the part on the left-hand side of the Defendant’s driving of the victim D(58 S) driving, which was going directly toward the training zone from the Y110B due to the occupational negligence in the course of the Defendant’s operation, into the front-hand part of the Defendant’s driving.

Ultimately, the Defendant caused the death of the Victim F (the age of 56) who was on the part of the victim D driver’s off the said job due to the long-term soften fever, etc. on the same day. From around 15:18 to the Seoyang University Hospital located in Seoyang-dong, Seoyang-dong, Daejeon, Daejeon, Daejeon, caused the death of the Victim D due to cerebrovassis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate and a death certificate;

1. Application of Acts and subordinate statutes on site photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The result of the crime is serious, such as the death of two victims due to the instant accident for the reason of sentencing of the selective imprisonment without prison labor, and the bereaved family members want to be punished by the defendant.

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