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(영문) 대구지방법원 상주지원 2017.11.28 2017고단472

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 truck truck truck truck vehicle with C8.5 tons.

On July 25, 2017, the Defendant, at around 22:55, driven the above cargo vehicle and had the two-lanes of the national highways No. 45, prior to D 25, at the time of residence, proceeded at a speed of about 50 km per hour depending on the Si-U.S. section from the air room to the Si-U.S. section.

At night, the driver was at night, and the driver had a duty of care to live well on the front and the left well, maintain the safety distance, accurately manipulate the steering and the brake system, and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded as it was due to negligence on the two-lanes, and received the back part of the loading box of the Fpoter freight driven by the Victim E (53) who was standing on the two-lanes, as the front part of the freight truck by the Defendant.

Around 00:10 on July 26, 2017, the Defendant caused the death of the victim due to the pel hospital located in G at the time of the stay of the victim who had been receiving treatment after the above occupational negligence, such as the pelus flup at the H hospital located in G, such as the pelus flup, the external cerebrovassis, and the respiratory suspension due to the removal of the instrument

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. Each internal investigation report (No. 17,18 of the evidence list), each investigation report (No. 22,24 of the evidence list);

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

1. A death certificate, a postmortem report, and a certificate of completion of postmortem examination;

1. The ledger of driver's licenses for each motor vehicle and the registers of each motor vehicle;

1. Notification of traffic accident investigation and analysis results, and report on identification results;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant recognizes and reflects the crime, and that the victim's bereaved family members have agreed with it);

1. The scope of the recommended punishment according to the sentencing guidelines provided for in Article 62-2 of the Criminal Act;