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(영문) 대구지방법원 서부지원 2018.08.29 2017고단3224

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 concrete mixture truck.

On September 23, 2017, the Defendant driven the above truck on September 23, 2017, and carried forward the front road of the welfare center to the four-distance away from the four-distance protection area in the opposite city market, and stopped to the signal atmosphere.

Since there is a pedestrian crossing in the front door, there was a duty of care to prevent accidents by checking whether there is a person who enters the crosswalk by taking the front, rear, and right and right of the vehicle, before starting from the road driving service with the vehicle driving signal.

Nevertheless, without properly examining the front, rear, and left and right of the vehicle, the Defendant did not discover the victim C (the age of 85) who was pushed away from the rear side of the truck right side of the Defendant, and entered the crosswalks, and did not find out the victim C (the age of 85). As a result, the collision with the damaged part of the truck with the part of the Defendant’s driving truck, which led to the collision between the damaged person and the victim going beyond the floor, the victim’s arms, etc. were the front part of the truck.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by cutting the cage at the Daegu Tol University Hospital located in 17:3, the 15:18 Daegu Nam-gu, Daegu 2nd Park.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on actual condition investigation, and a report on internal investigation (the other party to the persons concerned);

1. Application of Acts and subordinate statutes to a copy of 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 Code of the Suspension of Execution (the fact that the defendant is against the time when committing the instant crime, the vehicle is covered by a comprehensive insurance, the victim's bereaved family members and the victim's bereaved family members have agreed to do so, and the one-time fine shall be imposed.