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(영문) 대구지방법원 안동지원 2021.02.03 2020고단562

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B 2 wing wing Franchis.

On May 26, 2020, the Defendant driven the above cargo vehicle at around 10:10, and driven the two-lanes of the two-lanes of the two-lanes of the valleys in Anndong-si, Pungdong-si, Pungdong-si, Anndong-si, along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two.

A person engaged in driving of a motor vehicle has a duty of care to thoroughly drive the motor vehicle and safely prevent accidents.

Nevertheless, the Defendant neglected this and went in the same direction to conduct a bridge precision diagnosis in the front direction of the Defendant’s proceeding, and got the victim into the front part of the above cargo vehicle operated by the Defendant, such as the victim C ( South and the age of 66) who was in the process of installing a bridge, etc., and caused the victim’s death with multiple long-term damage on the site.

Ultimately, the Defendant caused the death of the victim C by occupational negligence above.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. The application of Acts and subordinate statutes to notify the occurrence of a traffic accident, a report on hearing statements, a report on actual weather investigation (in the event of an accident, CD-1), a CD-1, a report on internal death (in the event of an accident), a death certificate, a autopsy report, a postmortem report, a photo, and a result of the analysis of a traffic accident;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the death of traffic accident (including the person subject to special sentencing]: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage), and April through one year without prison labor;

3. Determination of sentence: