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(영문) 대전지방법원 공주지원 2017.12.01 2017고단326
교통사고처리특례법위반(치사)
Text

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

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 B 4.5 tons of grassland truck truck trucks.

On September 18, 2017, the Defendant driven the above cargo vehicle on September 16:25, 2017, along the two-lanes where 50 km from the Seocheon-Gongju Highway was driven along the two-lanes.

At the time, cleaning of sewage pipes is conducted on the front of the defendant's running direction, and at the later time, D dump trucks driven by C for traffic safety management are towing private car, so in such a case, the driver of the motor vehicle has a duty of care to take care of preventing accidents by driving the motor vehicle, maintaining the safety distance with the motor vehicle driving vehicle, maintaining the safety distance with the motor vehicle driving vehicle, and accurately operating the brakes.

Nevertheless, the defendant did not neglect the above duty of care and did not dump truck with the rear part of the dump truck drivened by the above C while driving, and due to the shock, the part on which the defendant's cargo loaded on the defendant's cargo vehicle was moved to the first lane, and the defendant's dump truck's dump driver's dump driver's dump driver's dump driver's dump driver's dump driver's dump.

Ultimately, the Defendant’s occupational negligence caused the death of the victim F (V, 50 years of age) who was on the top of the steering line of the said Lone Star Co., Ltd. by the above occupational negligence, due to damage to the chest pressure at around 18:14 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement protocol against C and E;

1. A report on actual condition investigation and a report on investigation;

1. Application of the CD-related Acts and subordinate statutes to a death certificate, on-site photograph, photograph, CCTV image to the scene of an accident;

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 [the scope of the recommended sentence] of the Criminal Act, and the types of general traffic accidents.

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