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(영문) 대구지방법원 안동지원 2017.05.19 2017고단168
교통사고처리특례법위반(치사)
Text

1. The punishment of a defendant shall be determined by a credit cooperative for four months;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category C truck.

On March 14, 2017, the Defendant driven the above cargo truck on March 14, 2017, and continued front of the Dong-dong road located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

At the time, there was a person walking the crosswalk, and the place was there was no obstacle to view it as a road driving by straight-on and driving, and the crosswalk was installed. In such a case, there was a duty of care to check whether a person driving a crosswalk was a person driving the vehicle at a speed, and to check whether he was a person driving the vehicle, and to drive the crosswalk safely.

Nevertheless, in the process of dividing the conversation with the husband who was on board the truck by neglecting this, the Defendant was negligent in proceeding without having well look at the front side and the left side of the vehicle, and the victim D (74) who was standing on the right side of the said vehicle was not found to have the right side of the said truck. Thus, the Defendant was on the front side of the said truck.

Ultimately, the Defendant caused the victim to die from the F Hospital located in Ansan-si E on the same day at around 20:10 of the same day by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, on-site photographs, dead bodies and personal belongings, making an autopsy report, death certificate, and making next investigation;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, general traffic accidents, and two types (Death or injury of a traffic accident);

B. Special sentencing factors: not having been punished;

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