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(영문) 대구지방법원 김천지원 2018.03.28 2017고단1785

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person driving an USARMY CTD military 20t cargo vehicles.

On October 18, 2017, the Defendant driven the above cargo vehicle around 08:26 on October 18, 2017, and driven the road of the two-lane line in front of Kimcheon-si, Kimcheon-si, along the two-lanes from the old and front sides of Kimcheon-si.

At the same time, a neighboring child protection zone in the village where people's passage is frequent, and at the same time, a bicycle was operated on the right side of the same lane as the victim G(78 tax) and the width of the above cargo was wide, and thus there was a high possibility of collision with the above bicycle, thus, a person engaged in driving business has a duty of care to properly maintain the distance from the bicycle and prevent the collision by properly operating the steering side and the right and the right and the right.

However, the Defendant neglected this and failed to keep the distance from the above bicycle properly, and caused the death of the victim by shocking the above bicycle with the loaded part of the cargo loaded on the part of the above bicycle due to occupational negligence, which did not properly see the direction of the bicycle, and driving the victim with the back wheel part of the above cargo vehicle, and driving the victim with the victim with the back wheel part of the above cargo vehicle at the end of the same day at the I Hospital emergency room located in Gu, Si, Gu, Si, 100:52 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Application of Acts and subordinate statutes on one authority to document of a change of personal history case;

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. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Act on the Suspension of Execution (the payment of agreements by the defendant not only was made but also the payment of consolation money on the part of the U.S. military, which is smoothly agreed with the victim's bereaved

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;