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(영문) 대전지방법원 천안지원 2017.11.23 2017고단2054
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a C1 ton motor vehicle II.

On August 18, 2017, the Defendant: (a) driven the above truck on a 15:06th day of August, 2017, and driven the road in front of the “E” located in Northern-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, at the reservoir protection area to drive at an uneasible speed; (b) after stopping at the right edge to install banner, the Defendant stopped the F. (n., 63 years of age) and parked the said truck below the banner installed.

In this case, the driver has a duty of care to prevent traffic accidents by properly operating the steering wheel and steering devices well and by safely parking the steering wheel and steering devices.

Nevertheless, the Defendant did not discover a victim who is located on the right side of the truck due to negligence of neglect of the front city, and proceeded as it is without finding the victim, and had the victim go beyond the floor by receiving the victim with a square part after the right side of the truck, and had the body of the victim go beyond the floor. The Defendant served the front right side of the truck with the rear wheels and the rear wheels.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as external shocks caused by the exposure to the head in the university of the other country and the emergency room of the hospital affiliated with the university located in the Dong-gu, Nam-gu, Namdong-gu, Namdong-gu, Seoul on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Accident scene and vehicle photograph;

1. A report on investigation (or witness background) and a report on investigation (to hear statements from witnesses);

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general traffic accidents in Article 62(1) of the Criminal Act [the scope of the recommended sentence] are crimes committed in the mitigated area (4 months to 1 year), [the person with special mitigation] punishment not (including efforts to recover from damage] [the sentence].

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