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(영문) 대전지방법원 천안지원 2018.06.08 2018고단805
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C-II cargo.

On January 25, 2018, the Defendant driven the above cargo vehicle in the apartment complex located in the new dong-dong-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and proceeded to turn to the left from the right edge of the apartment complex to the 102 parking lot.

At the time, there is a place where the passage of the residents is frequent in the apartment complex, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle is a resident who is driving the motor vehicle by reducing the speed and checking the right and the right and the right of the road well and to drive the motor vehicle safely.

However, the Defendant did not discover the victim D (50 years old) who was walking on the left side of the horse due to negligence of neglecting this, and did not discover the victim D (50 years old) and got the victim to go beyond the ground after the left side of the said cargo.

Accordingly, the Defendant’s negligence caused the death of the victim due to the damage of severe pains at the Yancheon-gu University affiliated with the Namcheon-gu University on January 26, 2018 at around 02:09, Seocheon-gu, South-gu, Yancheon-do, the 6-gil 31, South-gu, Yancheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Reporting on the occurrence status;

1. A death certificate;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 2 (person subject to special mitigation] and penalty not exceeding [the scope of recommended punishment], the area of mitigation of punishment by imprisonment without prison labor for not less than four months and not more than one year;

2. The Defendant, by his negligence, caused a traffic accident, resulting in the death of the victim who was walking on the road in an apartment complex.

Defendant

the degree of negligence.

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