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(영문) 대전지방법원 공주지원 2014.07.25 2013고단382
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CM freight vehicles.

On July 4, 2013, the Defendant operated the above cargo vehicles around 20:0, while proceeding with the national highway No. 36 in front of the account station located in the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the defendant neglected this and led the victim D(the age of 47) driving which was under normal proceeding in the opposite opposite vehicle line due to the negligent negligence of the center line, and received the front portion of the motor vehicle's left-hand side in front of the motor vehicle's driving.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence to the hospital while transferring the victim to the hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused (first time);

1. The police statement concerning G;

1. Written expert evidence and written expert evidence;

1. A death certificate;

1. On-site photographs, screen pictures, CDs;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

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. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the following reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. Application of the standard for sentencing [Scope of Recommendation] General traffic accident: Type II (Death, etc. of Traffic Accidents) (Act No. 4-10 months without prison labor) (special mitigation), the area where mitigation is mitigated (including special mitigation), the area where punishment is not imposed (including serious efforts to recover damage): April to October of a credit cooperative;

2. Determination of sentence - The accused shall be engaged in the truck transport business for six months of imprisonment without prison labor, two years of suspended execution, and forty hours of compliance driving lectures;

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