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(영문) 대구지방법원 안동지원 2018.07.06 2018고단131

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 fixed cargo C.

On January 22, 2018, the Defendant driven a above cargo vehicle at around 18:20, and got to turn to the left at the front of the water brea road at the eth section, where the water distance in the water brea-dong and the water brea-dong.

Since there is a left-hand turn in a non-protective area, a person engaged in driving service has a duty of care to check whether there is a motor vehicle, etc. driving on the road properly and to safely turn to the left and prevent the accident in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant received the front part of the ECA110S Obama from the victim D (55 years old) who was proceeding in accordance with the T-Jin Shin as a straight-bandon on the part of the E-CA110S Obama in the middle of the E-U.S. car and the front part of the cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the emergency room of the Adong-dong hospital located in the Andong-dong-si 11 of the same day at around 18:58 on the same day due to the death of the victim, such as double alleys, the symptoms of cerebral cerebral cerebriform, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a criminal investigation report (to attachCCTV image data);

1. Application of Acts and subordinate statutes on death, death certificate, and postmortem protocol;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] shall not be subject to the punishment of two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year).

2. The Defendant sentenced the sentence to the left-hand turn in a non-protective zone and caused a serious result of the victim’s death by failing to care well at the left-hand turn.

However, the defendant is against his or her will to recognize his or her mistake.

In this case.