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(영문) 대구지방법원 영덕지원 2017.07.14 2017고단33

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 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 of D Starsch Rexroth.

On January 2, 2017, the Defendant driven the above vans around 12:30 on January 2, 2017, and led the front road of the Gyeongjin-gun, Chungcheongnam-do, to the front side of the road due to death from the Myeon.

There have been occupational duty of care to prevent accidents by safely driving a person who is engaged in driving a motor vehicle with a straight line of one lane.

Nevertheless, the Defendant neglected to do so and neglected to perform the duty at the front week, and neglected to proceed as it was, and caused the Defendant to shock the Victim F (81) who was driving on the right side from the left side of the running direction of the car driven by the Defendant to the front part of the Defendant’s driver’s car.

Ultimately, the Defendant caused the victim’s death by occupational negligence on January 3, 2017, at around 21:49, on the one hand, to the other.

Summary of Evidence

The defendant asserts to the purport that the defendant's assertion that the defendant did not neglect his/her duty of care to make a report on the occurrence of traffic accidents in the police's statement protocol against H in each part of the police interrogation protocol, the actual investigation report, the driver's license register, the tea inquiry, the death examination report (explosion of CCTV images around the accident site), the investigation report (in relation to the submission of the suspect's statement), the investigation report (in relation to the submission of the previous scooter's statement), the investigation report (in relation to the submission of the previous scoo's list), the submission of the criminal investigation report (in relation to the dispatch of CCTV video CDs in the accident site), the pertinent law as to the criminal facts subject to the application of each Act and subordinate statute, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 (Selection of Imprisonment without Labor), Article 62(1) of the Criminal Act, Article 62-2 of the Social Service Order Act, and the defense of the defendant and his/her defense counsel.

Judgment

The evidence duly adopted and examined by this Court.