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(영문) 대구지방법원 서부지원 2017.11.01 2017고단606
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, who is engaged in driving of the truck truck truck truck truck truck truck vehicle B 18 tons, is operating a cross-water shop in Daegu-guned C, “D.”

On December 8, 2016, the Defendant driven the above cargo vehicle with high water in light of 17:55 on December 8, 2016, and parked on the road of one-lane without prior delivery.

At the time, after sunset, it was difficult to see that there was no particular facility outside of dry field, and the view was narrow due to street lights, and there was a point where a bend road is terminated due to a narrow channel, so no parking is possible. In extenuating circumstances, there was a duty of care to prevent accidents such as installation of safety signs or lights, widths, etc. in advance.

Nevertheless, the Defendant neglected to take any measure, and instead parked in front of the left side of the said cargo vehicle in front of the left side of the said cargo vehicle and obstructed the course of the victim E(54) driver’s vehicle driving with one ton of the cargo vehicle driving on the side of the front and rear side of the said cargo vehicle in front of the road. The Defendant obstructed the course of the victim E(54) driver’s vehicle driving on the front side of the said cargo vehicle, and caused the victim to have the back part of the cargo vehicle by the Defendant.

Ultimately, at around 19:16 on the same day, the Defendant caused the victim to die from the Daegu University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

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

1. A corpse inspection report and a corpse inspection report;

1. Application of Acts and subordinate statutes to report internal accidents (verification of sunset time), investigation reports (to hear statements of emergency medical service workers dispatched to the scene);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the defendant is against his will while committing the crime in this case, and the vehicle is against his will.

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