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(영문) 대전지방법원 논산지원 2016.05.31 2016고단38
교통사고처리특례법위반
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 C10 tons of truck trucks.

On December 20, 2015, the Defendant driven the above cargo vehicle at around 13:18, and continued to go through the tent from the area of Yanan-Yansan Highway 216.9km to the area of Yansan Highway 216.9km.

Since there are two laness and the side length, in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by properly examining the right and the right of the front.

Nevertheless, the Defendant neglected this and did not discover that the victim D(33) car stops on the side and stops it on the side and stops on the side, due to the negligence of the Defendant’s vehicle driving ahead of the two lanes and the side, and received the front part of the driver’s seat in front of the victim and the damaged vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence to the emergency department of the Maternic Maternic Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents Act / [2 months to 1 year] mitigated area (including special mitigated persons] [including efforts to recover damage] / Determination of sentence] the result of the crime, such as the death of the victim due to the instant accident, but the result of the crime is somewhat weak, such as the victim's death. However, the defendant reflects his mistake, the defendant has agreed with his bereaved family members, the vehicle is covered by a comprehensive automobile insurance policy, and all of the arguments of this case are shown in the argument of this case, such as the defendant's age, criminal records, background of the accident, and circumstances after the crime.

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