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(영문) 대구지방법원 상주지원 2017.10.24 2017고단378

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 also a person who is engaged in driving a car.

On July 10, 2017, the Defendant driven the above cargo vehicle at around 11:00 and operated the front of the punishment post office, which is located at one-way 83-hon to the schill, at the right side of the punishment, at the right side of the punishment, and stopped on the right side of the road corresponding to the punishment post office and opened the door of the driver's seat.

In such cases, there was a duty of care to prevent accidents in advance by sufficiently checking whether a person engaged in driving of a motor vehicle has no motor vehicle, etc. going through the rear or directly adjacent to the motor vehicle.

Nevertheless, the defendant neglected this and opened the door of the driver's seat as it is without properly examining the surrounding area, and caused the victim E (81 tax) driver's f-o-o-o-o-o-o-o-o-o-o-o-car, which was proceeding with the same room as the bed, to conflict with the driver's seat of the Defendant

Defendant 1 suffered brain injury to the victim due to such occupational negligence, and caused death at the Daegu Movables Medical Center on July 12, 2017 during treatment on around 07:29.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police in relation to G;

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

1. Investigation report (No. 21 No. 5 of the evidence list);

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

1. Application of Acts and subordinate statutes to on-site photographs and motion picture 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The range of recommended punishment [the types of decisions] according to the sentencing criteria for traffic accidents in general shall be limited to the range of punishment [the range of recommended punishment] that is subject to the reduction of punishment (the scope of recommended punishment]: The imprisonment without prison labor for not less than four months but not more than one year;