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(영문) 대구지방법원 2018.06.07 2018고단1185

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 Poter Freight.

On October 30, 2017, the Defendant proceeded in one way among two lanes in the direction of the hotel, which is located in the village of the Daegu Suwon-gu, Daegu-gu, Daegu-gu. On October 30, 2017, the front of the bicycle stadium was in front of the bicycle stadium from the four-distance four-lanes of filial trees and the four-lanes of the hotel.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused the victim D (D, 51 years of age) that was used on the road by the negligence of neglecting the front city, and led the victim D (D, 51 years of age) to the front right side of the cargo of the Defendant, with the rear wheels and the rear wheels.

Ultimately, the Defendant had the victim of the above occupational department and the actual injury caused the victim's death from the F Hospital located in Daegu-gu Dong-gu, Daegu-gu around October 30, 199.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] General Traffic Accident No. 2 [No person subject to special sentencing] [Article 62(1) of the Act on the Suspension of Execution] [No person subject to special sentencing] [Article 62(2) of the Act on the Suspension of Execution] - Unfavorable circumstances: The fact that the result of the death of the victim was serious, and the defendant's liability for the crime is not less weak because it was caused; recognition of mistake and reflects favorable circumstances; the victim was used on the road at night; it appears that it was difficult for the defendant to easily discover the victim; the vehicle of the defendant's driver is covered by a comprehensive insurance; and the victim's agreement with the victim.