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(영문) 대전지방법원 2018.09.12 2018고단2370
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 driving of C5 tons of truck trucks.

On July 6, 2018, the Defendant driven the above cargo vehicle around 1:15, and moved the parking lot 8, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, to the direction of the management office in the direction of its own kindergarten and proceeded at a speed below the speed of time.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take into account the front, rear, and left and right of the motor vehicle and to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and went back, and caused the victim D (the 56-year old) who was in front of the cargo vehicle to be operated by the Defendant, to go up to the ground by shocking the above cargo vehicle back to the part of the victim, and continued to go up to the ground. The victim who was in front of the driver’s seat and was in front of the vehicle to be operated by the Defendant, was over the victim who was in front of the vehicle to be transported back to the ground, and caused the victim’s death by blood transfusion, etc. on the ground.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. On-site photographs and CCTV images of each accident;

1. Application of Acts and subordinate statutes, such as death certificates;

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, 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 on the order to provide community service and attend lectures [the scope of recommended punishment] (2) mitigated area (4 months to 1 year) [the person subject to special mitigation] mitigated area (including efforts to recover damage) [the sentence] prior to the instant case, the Defendant was exposed in violation of traffic laws and regulations, one time has any history of causing death, one time of failing to perform the duty to ensure safety at the time of the future, and a serious result of death, etc.

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