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(영문) 대구지방법원 김천지원 2017.09.12 2017고단888

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving C 5t Truck trucks.

On April 26, 2017, the Defendant driven the above cargo vehicle on April 17:45, and driven the road adjacent to the E gas station in Kimcheon-si D along the two-lanes between the two-lanes from the inside of Kimcheon-si.

Since there is a two-lane straight line road, a person engaged in driving duty has a duty of care to care in preventing accidents by maintaining the safety distance with the vehicle in front while properly operating the steering and steering system.

Nevertheless, by negligence that the defendant neglected this and neglected to do so, the defendant found the G Twitter which was driven by the victim F (50 Do) who was driven by the defendant in the same direction as the defendant, and did not avoid this, the above Twitter was left behind the right part of the defendant's vehicle in front of the right part, and transferred the above Twitter to the right side side.

Ultimately, the Defendant suffered cerebral cerebrovascular from the above occupational negligence. On April 27, 2017, the Defendant caused the death of the patient in the emergency department of the North Korean University Hospital located in Jung-gu, Daegu-gu, Daegu-ro, 130.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

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

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs by cutting d and ctv images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;

2. Determination of sentence: