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(영문) 대전지방법원 논산지원 2018.08.28 2017고단624
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a DM6 vehicle.

On June 10, 2017, the Defendant driven the above car at around 15:40 on June 10, 2017, and continued to drive the 4th national highway 200-meter road from the right side to the right side of the sub-section.

Since it is a section of 60 km/h of a restricted speed, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the steering gear and brake system.

Nevertheless, the Defendant neglected to do so at a limited speed exceeding 22 km, and without securing sufficient distance between the vehicle in front and the vehicle in front, and without changing the vehicle from the first line to the second line, etc., the victim E, who had been engaged in road construction work at the front direction of the Defendant’s running, was employed as the front direction of the vehicle in front of the Defendant’s driving.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day by blood transfusions from two white hospitals located in the 14th Doo-ro, 294, to the citizen of the Republic of Korea on the same day.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Video-recording boxes and CDs at the time of the incident

1. A corpse death certificate;

1. Investigation report ( Results of speed analysis);

1. Fact-finding inquiry ( Daejeon District Office of the Road Traffic Authority);

1. An inquiry into fact;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The two types of ordinary traffic accidents shall be applied to the sentencing criteria (the scope of recommended punishment);

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