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(영문) 대전지방법원 2016.10.05 2016고단1983
교통사고처리특례법위반(치사)
Text

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

However, 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 was engaged in driving of C 17 tons of wing wing Franchis.

On May 9, 2016, at around 13:25, the Defendant driven the above cargo vehicle from the E-distance located in G, G,U.K., and proceeded two lanes between the two-lanes from both sides of the land to the bamboo-free area.

In such a case, the driver of a motor vehicle neglected his/her duty of care to prevent accidents by accurately operating the steering direction and brakes well and accurately, and by neglecting his/her duty of care to prevent accidents, and discovered late the G -math truck of the victim waiting in the signal signal at the front of the front, resulting in the lower part of the above-math truck as the front part of the above wing-math truck, and caused the above-math truck to be pushed back in the front of the above-math truck, while the above-math truck was pushed down in the future due to its shock, the said-math truck was faced with the lower parts of the H driver's I S-T and K-K-K-J drive's car standing in the front of the same direction.

Accordingly, around 12:35 on May 11, 2016, the Defendant had caused the death of the Victim F due to cardiopulmonary pulmonary macy at the Aju University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding the fine, the fact that a deposit of KRW 30 million is made for the bereaved family members of the victim, and the fact that it is against the punishment);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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