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(영문) 의정부지방법원 2018.04.11 2017고단4619
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 Category C truck truck truck truck trucks.

On June 12, 2017, the Defendant driving the above vehicle around 20:30, and driving the front road D in front of the Namyang-si, Namyang-si, along the two-lanes in the direction of virtue.

At the same time, there is a person occupying a road on the front side of the vehicle, and in such cases, the driver of the vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to ensure that the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the traffic situation.

Nevertheless, the defendant neglected to build up the road from the right side of the proceeding direction to the left side by negligence and shocked the body of the victim E (57) with the front part of the vehicle operated by the defendant.

Accordingly, the Defendant caused the death of the above victim due to cerebral injury in the workplace due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Protocol of inspection;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal penalty: Not more than five years of credit cooperatives;

2. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents of Type 2 (Death, etc. by Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation) (including special mitigation persons) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage).

3. Determination of sentence: Determination of sentence of imprisonment without prison labor for four months, suspension of execution for two years, the fact that the negligence of a victim who illegally crossed without permission causes an accident, the truck drivened by the defendant is insured by the Financial Cooperative, and the bereaved family members agree with the victim's bereaved family members;

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