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(영문) 대전지방법원 서산지원 2018.06.28 2018고단143
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a second cargo vehicle of a ton of a D.

On December 10, 2017, the Defendant driven the above cargo vehicle around 01:10 on December 10, 2017, and started the roads in front of the Namsan-do Park 140, Jinsan-si.

At the time, the driver was at night and there was a situation where the victim E (52) was located on the side of the driver's seat, so in such a case, the defendant had a duty of care to look well at the right and the right and the right and the right and the right, while accurately manipulate the steering system and the brake system, to prevent the accident from being delayed.

Nevertheless, the defendant neglected to do so and caused the damage to the defective part of the above cargo vehicle due to the negligence, and caused the victim to go beyond the road, and caused the victim to go beyond the front wheel part of the above cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the foregoing 15:36 on the same day due to damage between a single university of the Republic of Korea and a university affiliated hospital affiliated with the university, which had been opened within the mouth of the 201 South-gu, South-gu, South-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and I;

1. The actual investigation report on traffic accidents;

1. Report on the occurrence of a traffic accident;

1. A place where emergency medical services are to be performed;

1. A response to a request for appraisal (vehicles and clothes);

1. A death certificate;

1. Application of Acts and subordinate statutes to the scene photograph of a traffic accident, photograph of a person who has suffered the death of another, and photograph of a deceased;

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. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

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

1. Sentencing (Scope of recommended punishment) (referring to two months to one year), the area of special mitigation (including special mitigation) (referring to two months to one year), the deaf-mutes, the area of punishment not subject to punishment (including serious efforts to recover damage);

2. The circumstances under which the sentence of sentence is rendered, and the age, occupation, and sex of the accused.

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