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(영문) 대전지방법원 홍성지원 2019.04.30 2018고단875
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in the operation of a wing wing Franchi vehicle B 17 tons.

On April 7, 2018, the Defendant driven the above cargo vehicle on April 7, 2015, and driven the two lanes 196.2km at the upstream line of the Coastal Highway, Seocheon-si, the Defendant proceeded at a speed of about 80km/h, depending on two lanes from Daecheon-si to C.

At the time, it is not easy to secure the view with a new wall. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left and right of the driver, and by accurately manipulating the steering wheel, brakes and other devices of the driver.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 전방에서 단독사고로 인해 전복되어 있던 피해자 D(67세)이 운전하는 E 포터 화물차를 피고인이 운전하는 위 화물차 우측 전면부로 들이받아, 위 포터 화물차 내부에 있던 피해자 D과 피해자 F(여, 62세)이 차량 밖으로 튕겨져 나오게 하였다.

Ultimately, the Defendant, by such occupational negligence, caused the victim D to die from the H Hospital located in Boan-si G due to the cardiopulmonary function suspension due to the severe damage caused by the two severe damage in the same day at around 06:11 of the same day, and at the same time, caused the victim F to die due to the suspension of cardiopulmonary function due to serious brain damage in the relevant job.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

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

1. Each death certificate;

1. Application of the statutes on traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, records, such as the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, and circumstances leading to the instant crime, etc. are revealed.

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