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(영문) 대전지방법원 서산지원 2017.10.20 2017고단681
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a Korean commercial truck B 27 tons.

On May 30, 2017, the Defendant driven the above truck on the 14:15th of May, 2017, and continued to drive the three-lane road in front of the Jin-si at the speed of about 88km from the high-speed vehicular road to the high-speed intersection.

At the time, there is a vehicle driving on the front side, so in such cases, there was a duty of care to ensure safety distance for those engaged in driving service and to prevent accidents in advance by accurately operating steering and brakes.

Nevertheless, the Defendant neglected to do so and did so before the same direction.

D, as a result of the fact that the EV cruise car driven is at the speed of the speed and the speed operated, but the safety distance is not sufficiently secured, the lower part of the said BV cruise car was received from the Defendant’s front driver’s right part of the Defendant, and the said BV cruise car continued to be pushed off, and the said BVR car was driven by the FF, which was at the speed of the speed at the front of the vehicle. The lower part of the off part of the BDF truck loaded, which was driven by the Defendant, was able to be the front part of the said BV cruise car.

Ultimately, the Defendant’s occupational negligence caused the death of the victim H(47) who was on the top of the Korean University Hospital Hospital located in the Republic of Korea on June 2, 2017 at around 02:10 on June 2, 2017, the Defendant, at the time of the foregoing occupational negligence, caused the death of the victim H, who was on the top of the Korean University Hospital located in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of the Acts and subordinate statutes governing traffic accident reports (on-site investigation reports), on-site photographs, death diagnosis certificates, seals submitted by witnesses, and video CDs;

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 1.

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