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(영문) 대전지방법원 논산지원 2014.11.07 2014고단363
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for a period of one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 25, 2014, at around 22:10, the Defendant driven a C treatment C 11.5t-on truck, which led to two-lanes of the two-lane road in front of the cafeteria, “Macheon Tri-do” cafeteria located in the hearing in Seosan-si, Seosan-si, Seosan-si, along the two-lanes from the direction of Msan 4 to the Msan Training Center.

At the time, it was difficult to take the place around the night, so in such a case, the driver had a duty of care to properly operate the steering system and the steering system of the vehicle and to safely proceed with it.

Nevertheless, the Defendant neglected to do so and went into operation, caused the Defendant’s cargo vehicle front portion of the Defendant’s cargo vehicle, and caused the said rocketing car to be pushed off on the front section of the FF Driving that was stopped on the front section, and caused the said rocketing car to have the rear part of the FF Driving that was stopped on the front section. While the said rocketing car was pushed off on the front section, the Defendant got back of the H Driving that was parked on the front section, and caused the said rocketing car to be destroyed by a fire on the front section.

As a result, the Defendant died of the victim J (ma, 63 years old), the victim K (ma, 74 years old), and the victim L (ma, 43 years old) on the same spot.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to D, F and H;

1. Each description of the actual condition survey report, each photograph, each body autopsy report, or the application of video-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims Who are the largest amount of punishment);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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