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(영문) 대구지방법원 포항지원 2019.09.25 2019고단497

교통사고처리특례법위반(치사)

Text

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

except that 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 engaging in driving a rocketing vehicle B.

On December 22, 2018, the Defendant driving the said vehicle as a business of around 19:20 on December 22, 2018, and driving two lanes in front of the D in North Korea-Si, North Korea-Si, North Korea-Si, at a speed of about 54km in speed from E to F.

At the time, the speed of the place was 40km per hour. In such a case, there was a duty of care to safely drive the steering employee by complying with the speed limit, by properly manipulating the steering and steering gear.

Nevertheless, the Defendant neglected this and changed the two lanes from a two-lane to a one-lane, and did not look at the front side and the left side of the front side, and did not discover the victim G (the age of 49) who crosses the road to the right side from the left side of the front side of the front side of the string of the said stringr vehicle and did so beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as an external cerebral cerebral cerebral cerebral ties in which two open addresses are located at the I Hospital located in Ulsan-dong-gu, Ulsan-gu, where the victim was being treated after-the-job at around 09:0 on December 28, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to J police officers;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, photograph of the scene of the accident, photograph of the person who has suffered from the accident, one film, CD, and notification of the results of the analysis of the traffic 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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to traffic accidents in general. < Amended by Presidential Decree No. 17219, Dec. 2, 201>