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(영문) 대전지방법원 2019.07.04 2019고단316
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving BM3 motor vehicles as his duties.

On November 5, 2018, around 11:15, the Defendant changed the course to the right-hand four-lanes while driving along the three-lanes of the 279.8km Seoul Metropolitan City on the Gyeongnam-dong, Daejeon Metropolitan City.

At the same time, the Dmer truck truck truck truck truck vehicle was in normal way on the right fourth lane, so in such a case, a person engaged in driving duty has a duty of care to secure a safety distance sufficiently and safely to avoid a collision with the above vehicle by properly examining the traffic situation of the front and rear left, so that the person engaged in driving duty can avoid a collision with the above vehicle.

Nevertheless, the Defendant neglected this and caused a sudden change of the course from three lanes to four lanes in order to enter the front coal stop, and caused the part of the above D D D D D D D D D D D D D D D D D R truck to the back part of the back part of the Defendant’s vehicle, which was driven along the right-hand four lanes, and accordingly, caused the FF Ⅱ driver’s vehicle of the victim E (Nam, 43 years old) driving, which followed the following while the above D D DM truck truck truck truck truck is rapidly parked, to cut off the back part of the DM truck truck truck truck.

Ultimately, the Defendant, through occupational negligence, was transferred to the emergency room of a He Hospital located in Seo-gu Daejeon-gu Daejeon, resulting in the death of the victim through low-blood shock caused by divers damage in around 13:18 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J and C;

1. Application of Acts and subordinate statutes to the report on actual condition survey, death certificate, internal investigation report, traffic accident analysis and replies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim’s death was caused by the instant accident, and is disadvantageous to the Defendant.

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