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(영문) 대구지방법원 2018.01.18 2017고단5290

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 sports cargo vehicle.

피고인은 2017. 7. 21. 11:40 경 대구 수성구 C에 있는 D 공사현장 (1 공구 )에서, 위 화물차의 시동을 켠 채로 주차하고 운전석을 이탈하였다.

At this point, there was a person who works in the surrounding area, and thus, there was a duty of care to take measures to stop the vehicle properly, such as stopping the operation and thoroughly operating the brakes when parking the vehicle to the person engaged in driving.

Nevertheless, the defendant neglected this and failed to accurately operate the brakes without operating it, and caused the victim E (73 ) who was sitting ahead of the vehicle, and was sitting ahead of the vehicle, depending on slope ways, due to the negligence of leaving the driver's seat without operating the brakes accurately, the defendant conflict with the victim E (73 ) in front of the left-hand part of the vehicle, and the wheels over the victim's body.

Ultimately, the Defendant caused the death of the victim by the aforementioned negligence at the Gyeong-gu University Hospital located in Daegu Jung-gu, Daegu-gu, on the same day, due to a low-weight shock, such as external shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A death certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, a survey report, and an investigation report (in cases of attaching on-site photographs at the time of the accident);

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the grounds for sentencing) of the suspended sentence (the grounds for sentencing), [the scope of recommendation] of the general traffic accident category 2 (the period from April 1 to year) [the person who has been specially mitigated] mitigated area (including efforts to recover damage), [the decision of sentence] of the sentence and the defendant's age, sex behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc.