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(영문) 대구지방법원 경주지원 2018.07.04 2018고단280

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a C-wing cargo vehicle.

On November 12, 2017, the Defendant driven the above cargo vehicle at around 18:05, while driving at around 18:05, the Defendant proceeded at a speed of 1-lane D in front of the racing along the road from the direction of the mountain to the direction of the mountain.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and steering the steering gear and the steering gear for the person engaged in driving of the motor vehicle at night.

Nevertheless, the Defendant neglected this and found the victim E (57) who was going to left from the right side of the course of the Defendant’s course due to negligence, and did not avoid it, and went to the road with the part of the victim’s body going to the front part of the above cargo vehicle on the Defendant’s driving without avoiding it.

Ultimately, around November 12, 2017, the Defendant caused the death of the victim at the Dong University race Hospital located in 87, Dong-si, Dong-si, Si, on November 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on-site photographs, and photograph of a changeer;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of recommended punishment] In general traffic accidents, the victim died due to a traffic accident that has occurred by the defendant (including a special mitigated person from April to one year) in the mitigation area (including efforts made to recover damage) / [the decision of sentence] the punishment not to punish (including a serious effort to recover damage]. The result is significant.

However, the defendant is guilty of facts.