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(영문) 대전지방법원 홍성지원 2016.06.07 2016고단213
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a math truck.

On February 5, 2016, the Defendant driven the above cargo vehicle around 21:00, and proceeded at about 60km in speed from the west to the west, along the two-lane from the west to the west.

At night, since the street has not been installed at the same time, there was a duty of care to prevent accidents by safely driving the vehicle, such as reducing speed and checking whether there is a person or a vehicle on the road or street, by safely driving the vehicle.

Nevertheless, the Defendant neglected this and found the victim D(88) who was on the same road on the same road as the previous road due to negligence where he did not well see the front bank, and was immediately fested, but did not avoid it, but did not go beyond the ground by the Defendant’s cargo vehicle and got the victim to go beyond the ground.

Ultimately, the Defendant caused the death of the victim on two occasions due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in the range of special mitigation areas (two months to ten months without prison labor) (including special mitigation persons) (including efforts made to recover damage), where the victim was negligent by considerable negligence in the occurrence of traffic accidents or the expansion of damage, and where the victim was not subject to punishment (including serious efforts to recover damage);

2. The circumstances under which the sentence of sentence was rendered, and the age, sex, environment of the defendant, and the circumstances before and after the instant crime.

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