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(영문) 대전지방법원 홍성지원 2016.03.16 2015고단1192
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving of CPoter 2 cargo vehicles.

On August 19, 2015, the Defendant driven an above cargo vehicle on August 14:47, 2015, and led the front road in Chungcheongnam-gun to the rithm of grain from thewest middle school.

Since there is a road with a width of 5.2 meters without a median line, the driver had a duty of care to prevent accidents by accurately operating the steering boat and the steering system and operating it into the lane.

Nevertheless, the defendant neglected to do so, and caused the concrete wall at the entrance of E in the direction of progress to the right part of the above cargo vehicle by shocking the concrete wall at the right part before the right part of the above cargo vehicle, which led the above cargo vehicle to move on the road.

Accordingly, the Defendant caused the death of the victim F(76) on August 20, 2015, who was accompanied by the above cargo due to the above occupational negligence, to the 31st degree of 6th degree of 0,000,000 East-gu Yandong-gu Yandong-gu Yancheon-gu University Hospital at the 31st degree of 6th degree of 14:10,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to survey reports, on-site photographs, and corpse 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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The details of damage are against the mistake (the death of a victim) and the agreement with the bereaved family members of the victim is reached.

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