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(영문) 대구지방법원 2019.10.16 2019고단4579
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

At around 05:50 on May 29, 2019, the Defendant driven the B B Poter 2, and led the D front road located in Daegu North-gu C, Daegu to proceed from the border park to the full four-distance distance.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by checking the front side and the left side.

Nevertheless, the defendant neglected this and did not discover the bicycle for the victim E (year 78) driving on the road that was driven by the defendant's cargo vehicle in the direction of the running of the defendant's cargo vehicle, and caused the above bicycle's right part to the right part to the left part of the defendant's cargo vehicle.

Ultimately, around May 29, 2019, the Defendant caused the victim's death by occupational negligence, resulting in the death of cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon, which was under medical treatment at the Jung-gu, Daegu-ro 130 (Seoul-ro).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

1. Each photograph: Cut up the scene of an accident, a vehicle booms, and a CCTV image course;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] - the death of a traffic accident (special person) - the mitigated element: In the event that the victim has been negligent due to considerable negligence in the occurrence of a traffic accident even, the victim is not subject to punishment [the scope of the recommended sphere and the recommended range] special mitigation area, and 2 to 1 years [the general person] of imprisonment without prison labor (the general person who is sentenced to punishment] - the purchase of a comprehensive motor vehicle insurance policy [the grounds for suspension of execution] - The victim is not subject to punishment if he/she has been negligent due to a

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