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(영문) 대전지방법원 천안지원 2015.10.05 2015고단1402
교통사고처리특례법위반
Text

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

except that 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 the driving of a cargo vehicle B.

At around 06:07 on May 7, 2015, the Defendant driven the said cargo and proceeded at a speed of about 75 km from the parallel parallel to the opposite 75 km at the speed of about 25 km from the parallel of the red ginseng distance of 2358, as in the Seo-gu, Seo-gu, Seo-gu, Seoan-gu, Seoan-gu, Seongbuk-do.

In such a case, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road conditions and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of the motor vehicle should report the traffic conditions on the front side and the left side and prevent the accident in advance

Nevertheless, the Defendant neglected this and got off the D-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood

Ultimately, the Defendant caused the death of the victim E (the age of 39) who was on board the said car due to the above occupational negligence, from the G Hospital located in Pyeongtaek-si F, which was under the treatment of transport at around 12:20 on the same day, due to a decrease in the blood amount caused by the left-hand shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. A written statement of I, J and C;

1. A death certificate;

1. A traffic accident report;

1. Application of Acts and subordinate statutes on traffic accident reports;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Code [Determination of Sentencing] for the sentencing of traffic accidents in general shall be subject to the recommendation of the type 2 (Special Convicts] (Death, etc. of Traffic Accidents), the punishment of mitigation factors (including serious efforts to recover damage).

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