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(영문) 대구지방법원 상주지원 2018.06.12 2018고단106

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for 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 of a C Poter cargo vehicle.

On December 26, 2017, the Defendant driven a above cargo vehicle on December 26, 2017, and had D run the front road in the direction of the intersection from the sluri to the sluri-ri side at the time of residence.

At this point, the right side road is the right side of the village and the side road is an intersection, so the driver has a duty of care to prevent accidents from occurring at a safe speed and by accurately manipulating the steering system and the steering system.

Nevertheless, the Defendant neglected to proceed as it is, while entering the road from the right side of the victim E (78) driving that entered the intersection from the right side of the Roman course to the intersection, brought the left side part of the victim E (78) driving beyond the road by shocking the front part of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the emergency room of the Ansan-dong hospital located in Andong-si, Andong-si, where the victim was under the after-sales treatment on December 26, 2017, from the 11st century.

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 of the police statement related to G;

1. A death certificate, a postmortem report, and a certificate of completion of postmortem examination;

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

1. Application of Acts and subordinate statutes to on-site photographs and motion picture 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Type 2 [person subject to special sentencing] mitigated elements of punishment according to the sentencing guidelines: Not less than 4 months but not more than 1 year, in the area of reduction of punishment [the scope of recommended punishment]: Imprisonment without prison labor for not less than 4 months;

2. Determination of sentence of sentence results in the death of the victim of the instant accident.