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(영문) 춘천지방법원 영월지원 2018.01.09 2017고단457
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a scarn 27 tons dump truck.

On August 30, 2017, the Defendant: (a) driven the above cargo vehicle around 10:30 on August 30, 2017; (b) stopped at the signal signal atmosphere while driving one-lane road in front of the 4562 Ro-ro, Seoul Special Metropolitan City, the Ro-ro, one-way, in front of 4562, toward the direction of the direction from the laun to the direction of the laun; (c) while the signal of the front bank has changed, the front line motor vehicles resumed along the front line.

There is a frequent road for pedestrians crossing the road without permission, and there is a duty of care to check whether there is a pedestrian prior to the start of the vehicle's driving service since the victim C (the age of 82) was flicking the road according to the victim's daily driving.

Nevertheless, the Defendant neglected to do so and proceeded with it, and got the victim in front of the above cargo vehicle and served the victim on the road due to the shock.

As a result, the Defendant caused the death of the victim from the E hospital located in Gangnam-si D on August 30, 2017 due to the foregoing occupational negligence by the Defendant’s death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A survey report on actual conditions;

1. Four copies of the investigation report (receiving on-site photographs), photographs;

1. Investigation report (verification of CCTVs for crime-prevention);

1. Application of Acts and subordinate statutes to dead bodies;

1. The relevant legal provision on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommended] [the grounds for sentencing of general traffic accidents]] and there is no basic area (eight months to two years) [the person subject to special sentencing] [the decision of sentencing] [the fact that the defendant recognizes the crime of this case], the fact that the motor vehicle comprehensive insurance is subscribed, and the fact that the person subject to punishment exceeding the fine is punished.

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