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(영문) 대구지방법원 상주지원 2018.04.17 2018고단6
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 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 D-port cargo vehicle.

On November 30, 2017, the Defendant driven the above cargo vehicle on the 18:35th day of November, 2017, and had the front road E in front of the Gu/U.S. to the sloping road at the seat of the Gu/U.S..

Since a crosswalk is installed as a village front of the village, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes and safely driving them.

Nevertheless, the Defendant neglected to do so and caused the victim F (the age of 82) to cross the road according to the crosswalk from the left side of the course to the right side of the crosswalk to use it on the floor.

Defendant 2 caused the death of the victim due to the above occupational negligence to the Red Cross Hospital stationed in the Republic of Korea, and caused the death of the victim due to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral le

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger and the driver's license ledger;

1. A death certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Class 2 [person subject to special sentencing] mitigated factors of traffic accidents according to the sentencing guidelines: The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines, the area of reduced punishment [the scope of recommended punishment], the area of reduced punishment by imprisonment without prison labor for not less than four months and not more than one year;

2. Determination of sentence is heavier than the result of the instant crime;

And the Defendant.

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