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(영문) 대전지방법원 서산지원 2019.03.28 2018고단1366
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 a B car.

On September 23, 2018, the Defendant driven the said car as a duty on September 15:25, 2018, and proceeded with a road near the entrance of the Yellow-gu, Taean-gun, Taean-gun, Chungcheongnam-do to the new air protection area at the new Jindo, and entered the intersection.

Since there are places where traffic is not controlled, there was a duty of care to confirm whether a person engaged in driving service has a cross-vehicles by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the defendant neglected to do so and led the victim C(75 years of age) who was directly driven from the left-hand side of the direction of the progress of the defendant, to the right-hand side of the Maduk-gu without a license plate operated by the victim C(75 years of age) due to the negligence of the defendant's failure, and caused the victim to fall off from the above Maduk-gu.

Ultimately, at around September 28, 2018, the Defendant caused the death of a victim who was receiving treatment from E Hospital located in Seosan-si D due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Reports on the occurrence of a traffic accident;

1. A death certificate;

1. A traffic accident analysis report;

1. Investigation report (the details of the direction of the prosecutor);

1. Results of speed analysis by skiing marks;

1. Bluebbbbbox photographs;

1. Application of accident photographs, black box images and caps photographs, practical condition survey photographs, and carcass photographs and statutes;

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

1. The application of the sentencing guidelines to the victim [the range of recommending punishment] general traffic accidents of Type II (the death of traffic accidents), the special mitigation area (two to one year) (the special mitigation area) (the victim) shall also cause or expand the damage of traffic accidents.

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