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(영문) 대전지방법원 홍성지원 2016.04.05 2016고단60
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the third cargo vehicle B.

On October 17, 2015, the Defendant driven the above cargo vehicle around 07:26, and proceeded at a speed of about 30 to 40km from the triggering side of the three-distance distance, 174, Seocheon-gun, Seocheon-gu, Chungcheongnam-do, Seocheon-do, Seocheon-do, Seoul, at a speed of about 30 to 40km in speed.

At the same time, a large range of dogs was short, so in such a case, there was a duty of care to reduce the speed for those engaged in driving of a motor vehicle and properly manipulate the steering gear and the brakes, thereby preventing accidents in advance.

Nevertheless, according to the letter of road traffic accident analysis conference on the direction of the defendant's progress due to negligence that the defendant neglected this, the victim seems to have been located on the lane other than the side length at the time of the accident.

In the loading of bicycles, the victim C(79) was not found, but the cargo tank of the defendant's driver was used as the front part of the cargo tank of the defendant's driver to go beyond the ground.

After all, the Defendant caused the death of the victim from the above occupational negligence to the external shock shock by the two thrings, etc. in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site photographs of traffic accidents;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis replies;

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

1. The application of the sentencing guidelines [the type of determination] traffic, general traffic accidents, and type 2 (the death of a traffic accident) (a person with special mitigation] also commits considerable negligence on the road at the time of the occurrence of the traffic accident or the expansion of the damage (the occurrence of a traffic accident on the road at the time of the accident) and is not subject

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