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(영문) 대구지방법원 포항지원 2020.02.20 2019고단1676
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

However, the above sentence shall be executed for 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 a new freight truck vehicle B.

On November 8, 2019, the Defendant driven the above cargo vehicle around 10:50, and proceeded at the speed of about 20 km from the south-gu, South-gu, Seoul, to the speed of about 10 km from the south west to the intersection of the transmission distance.

Since there is an intersection where a yellow on-and-off signal is installed, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as entering the intersection while driving the vehicle to a person engaged in driving the vehicle, and driving another vehicle with due care.

Nevertheless, the Defendant neglected this and found that the E-motor bicycle driving of the victim D(80 years old) entered the intersection to pass in the future the cargo vehicle of the Defendant, and that the Defendant did not avoid the situation, caused the victim to go beyond the road on the left side of the said motor vehicle due to the Defendant’s fault and negligence.

Ultimately, the Defendant caused the victim to die by occupational negligence on the 10th 02:30 of the same month at G Hospital located in the Southern-gu F at Port, South-gu, and caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. A death diagnosis report and a written record of autopsy;

1. Application of each statute on photographs;

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, and Article 268 of the Criminal Act.

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. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (including the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence:

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