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(영문) 대전지방법원 서산지원 2019.08.29 2019고단431
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a wing and cargo vehicle B.

On March 18, 2019, the Defendant driven the above cargo vehicle on March 12:45, 2019, and led the D's intersection in front of C in Chungcheongnam-si, Chungcheongnam-nam, to the F's original level from the direction of the E apartment to the F's original level.

At that time, there was an intersection where signal lights are not installed, so in such a case, there was a duty of care to prevent accidents by checking whether a person engaged in driving of a cargo vehicle is a vehicle driving in the opposite direction while lowering speed, and operating the steering and brakes properly, thereby safely operating the steering and brakes.

Nevertheless, the defendant neglected to do so and found the victim G (the age of 63) who was going on the right side from the left side of the defendant's proceeding to the right side by his negligence, and brought the part of the victim's right side to the front part of the cargo vehicle of the defendant.

Accordingly, at around 02:04 on March 19, 2019, the Defendant caused the death of the victim due to serious cerebral cerebral cerebral ty at the I Hospital located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to J;

1. A traffic accident occurrence report;

1. The actual condition of traffic accidents;

1. A death certificate;

1. Application of statutes on site photographs;

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. The sentencing of Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution results in severe consequences of the death of a victim due to a traffic accident caused by the defendant's failure to perform his/her duty of safe driving.

However, the defendant's mistake and reflects, the fact that the victim's negligence is not significant in the occurrence of the traffic accident in this case, the defendant is the primary offender, and the victim's bereaved family and the victim's bereaved family.

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