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(영문) 대전지방법원 홍성지원 2020.04.27 2019고단865
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving an agricultural machine track.

Around 18:30 on October 18, 2019, the Defendant driven a Track Track and proceeded with cement packing farming way in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do at about 10 km from C surface to the back side of the backside farming.

At the time, it was difficult to go around at night, and there was a irrigation channel on the right side of the course of the Tractor, so in such a case, there was a duty of care to prevent accidents in advance by driving safely by safely examining the rear side to the person engaged in driving of the Tractor.

Nevertheless, the defendant neglected to do so and did not properly look at the back, and the above Tracter fells into the right-hand side, and the victim D (W, 62 years old) who was on the left-hand side of the Tracter was under the above Tracter.

Ultimately, the Defendant caused the death of the victim by occupational negligence by using the same day showoric shock.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as “contributable circumstances”) under Article 62(1) of the Act on the Suspension of Execution is that the victim died due to negligence while failing to exercise due care, and that the result is very serious.

However, it is advantageous to the defendant that the defendant recognized all of the crimes of this case and divided his mistake, the defendant has no record of criminal punishment prior to the crimes of this case, and the defendant has reached a full agreement by paying a mutual agreement to the bereaved family members of the victim.

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