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(영문) 대전지방법원 논산지원 2018.08.17 2018고단141
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 a period of 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 the duty of driving Category C cargo vehicles.

On December 9, 2017, the Defendant had a duty of care to prevent accidents in advance by accurately operating the steering gear and operating the steering gear and operating the steering gear in a manner that is well-known, while driving a motor vehicle in advance. In such a case, the Defendant had a duty of care to prevent accidents by safely operating the steering gear and operating the motor vehicle in advance.

Nevertheless, the Defendant neglected to do so and did not properly look at the back of the cargo vehicle and received the victim E (the age of 92) who was subsequent to the said cargo vehicle due to the negligence that led to the subsequent cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Healthy University Hospital located in 158, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, to a large quantity of blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The ground for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing [the scope of recommended punishment] the area of mitigation (4 months to 1 year), [the person who has been specially mitigated] the area of punishment not (including efforts to recover damage] [the sentence] [the decision of sentence] the defendant's negligence as he caused an accident while the defendant took a house unreasonable back on the road and caused the victim's death and the result is serious.

However, the defendant reflects the wrong, and the defendant establishes a Kamera and an Algale level at late later, to secure the view of the blind spot thoroughly.

In this regard, the victim's bereaved family and the bereaved family have agreed to it smoothly, and after 201, there are particular criminal convictions.

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