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(영문) 대전지방법원 홍성지원 2014.11.26 2014고단130
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a fixed-line cargo vehicle E.

Around 10:00 on February 11, 2014, the Defendant driven the above cargo vehicle and proceeded at a speed of about 50 km from the riside to the riside of the riside to the riside of 450 km.

Since the location is a road on which no delivery is installed separately, there was a duty of care to prevent accidents in advance by emphasizing the front side and accurately manipulating the steering and brakes to those engaged in driving of motor vehicles.

Nevertheless, the Defendant failed to find out the victim F(64) on the right side of the road due to negligence of neglecting the Jeonju-si, and caused the victim to die due to two damage around 10:18 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Visual photo;

1. Application of Acts and subordinate statutes concerning autopsys;

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, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the applicable sentencing guidelines under the law] 1 to 5 years (the application of sentencing guidelines): Traffic crimes, general traffic accidents, and Type 2 (Death resulting from Traffic Accidents): The recommended field where the relevant person is nonexistent and the recommended range: The basic field, the imprisonment without prison labor for not less than 8 months but not more than 1 year and not more than 6 months (the sentenced decision] 10 months, and the suspension of the execution 2 years, the result of the death of the victim due to the negligence of the defendant 10 months and the suspension of the execution 10 months has occurred, and the bereaved family has not reached an agreement with the above bereaved family members so far that the bereaved family members were seriously injured.

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