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(영문) 대구지방법원 경주지원 2017.11.08 2017고단606

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Lone Star Cargo Vehicle B.

On July 25, 2017, the Defendant driven the above cargo vehicle on July 13:23, 2017, while driving the 190-lane 4 lanes in front of the race railway station, and driving the 190-lane 4 lanes in front of the race railway station, along the two-lane 40km in speed.

At the time, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reducing speed to a person engaged in driving the motor vehicle, reducing his/her speed and properly operating his/her steering system and steering gear, and accurately operating the brake and steering gear.

Nevertheless, the Defendant did not find out the victim C (W, 85 years old) crossing the road to the port from the right side of the Defendant’s course due to the negligence of driving the vehicle as it was, and received the victim’s blick, etc. to the right side of the cargo of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from severe brain damage at the Dong-si University race Hospital located in 87, the Dong-si, Seoul Special Metropolitan City, on July 25, 2017, where the victim was transferred at around 15:21.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a survey report, a field photograph, a photograph of an accident vehicle image image, and a death certificate;

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

1. Application of the sentencing criteria [the scope of the recommended sentence] General traffic accidents in the range of Class II (Death or Injury by Traffic Accidents) (from April to one year) (the person subject to special mitigation) is not subject to punishment;

2. The defendant's decision of sentence caused a traffic accident by negligence, which caused the death of the victim, although the defendant neglected his/her duty of care in the front place.

However, the defendant.