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(영문) 대구지방법원 상주지원 2019.10.15 2019고단99

교통사고처리특례법위반(치사)

Text

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 who is engaged in driving of a sealed 3 cargo vehicle B.

On February 22, 2019, at around 10:10, the Defendant driven the above cargo vehicle and moved to turn to the left at the intersection of the bus terminal, which is located in the 13th floor in a written painting, at the time of residence, from C, from the front of the new string road.

Since the location is an over-distance intersection where no signal is installed, and the passage of vehicles and pedestrians is frequent, the driver of the vehicle has a duty of care to prevent the occurrence of traffic accidents by properly examining the front and rear left, as a person engaged in driving the vehicle.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and the victim D (the 76 years old) was placed on the right side from the running direction of the driver's truck of the madle to the right side of the driver's vehicle and had the victim go beyond the floor.

At around 04:52 on February 23, 2019, the Defendant caused the victim’s death by occupational negligence, such as cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at the Gyeong-gu Jung-ro 130 Hospital in Jung-gu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations, such as the violation of statutes, the payment of 30 million won to the bereaved family members of the victim, the fact that the bereaved family members of the victim have agreed to subscribe to a comprehensive insurance, and the first offender);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;