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(영문) 대구지방법원 서부지원 2018.05.02 2017고단2283

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence 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 a Class B truck.

On May 8, 2017, the Defendant driven the above-mentioned vehicle around 06:00, and led to the passage of the four-distance intersection in front of the 51 deaf-ro, 1,000 in Daegu City.

Since there is no signal signal, the driver has a duty of care to check whether there is a vehicle to check the front door and the left and right of the driver and to drive safely.

Nevertheless, the Defendant did not properly examine the right and the right and the right and the right and the right and the right and the right and the victim C (WW50 motor bicycle driving 69 years old) driving with the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Ultimately, the Defendant caused the death of the victim due to the long-term damage, etc. in a Daegu Tol University Hospital located in 17:3, a 37-lane, Nam-gu, Daegu, Nam-gu, Seoul, on May 8, 2017, at around 07:08, from the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a traffic accident report, and a map showing the scene of the accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, which led to the occurrence of the accident in this case by negligence, which did not take the initiative of the defendant, and caused the death of the victim. On the other hand, the defendant is against the time of committing the crime in this case, the victim's bereaved family members and the victim's bereaved family members have agreed to the comprehensive insurance, the vehicle is covered by the comprehensive insurance, the first offender, and other various circumstances shown in the argument in this case.