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(영문) 대전지방법원 논산지원 2017.03.21 2017고단47
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 service of C concrete mixed truck trucks.

On November 5, 2016, the Defendant driven the above cargo vehicle around 10:12, and led to the course from Daejeon to Seosan, at the right side of the Madsan-gu, Madsan-gu.

In such cases, a person engaged in driving service has a duty of care to accurately operate the steering system, brakes and other devices of the vehicle, and to prevent accidents such as driving according to the structure and performance of the vehicle in advance.

Nevertheless, the Defendant neglected to do so and proceeded with the part on the right side of the victim D(79C) drive 124CC engine devices and bicycle riding, which was prior to the Defendant’s front bank, was shocked by the Defendant’s negligence.

Ultimately, the Defendant caused the death of the victim in his/her job by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Submissions of traffic accident analysis reports;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death of Traffic Accidents) [the person subject to special mitigation] [including efforts to recover damage] [the decision of sentencing] decision, but the result of the crime such as the death of the victim due to the accident in this case does not be somewhat weak. However, the defendant's mistake is against the initial offender, the first agreement is reached between the victim and his bereaved family members, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, the defendant's age, the background of the accident, the details of the defendant's negligence, and the circumstances after the crime are revealed in the arguments in this case.

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