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(영문) 대전지방법원 2018.09.13 2018고단2433
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 one year 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 sealed truck B.

On May 30, 2018, the Defendant driven the above cargo vehicles around 13:40 on May 30, 2018, and proceeded on the ground westdo, Seo-gu, Seo-gu, Daejeon, to a four-distance dives away from the bank of orchard, while making a U.S. internship in the opposite direction.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to closely examine the front side and the right side of the motor vehicle, and to operate the operation of the brake and the steering gear accurately.

Nevertheless, the Defendant neglected this and did not look at the road conditions on the left side of the proceeding direction, and did not discover the victim C (80 years old) who illegally crossed the road on the left side of the course direction, and received the victim as the front part of the above van.

After all, the defendant had the victim by negligence in the above job-related affairs and caused the death of the victim due to the cerebral cerebralopia in the emergency room for the Soyang University Hospital located in the Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of the police;

1. A traffic accident report and accident site photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act [the case where there are two types of general traffic accidents (the death of traffic accidents) [two months to one year] in the area of special mitigation [the victim]] where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage, the court shall not impose punishment (including efforts taken to recover damage] [the decision of sentence] occurrence of the traffic accident in this case by the defendant's negligence and the serious result of the victim's death. The defendant is the defendant.

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