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(영문) 대구지방법원 안동지원 2021.01.13 2020고단442
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a wing-III cargo vehicle.

On April 6, 2020, the Defendant driven the above cargo vehicle around 09:55, and proceeded with the 918-lane Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri 276-3, Do-ri Do-ri Do-ri Do-ri Do-ri.

In this case, there was a duty of care to safely operate a vehicle to a person who is engaged in driving of a motor vehicle, because the middle line of a yellow solid line was a one-lane road.

Nevertheless, the Defendant neglected this and led to the left-hand part of the said cargo vehicle by driving the victim C(36 years) driving, which was going on the opposite lane by negligence going beyond the center line of the hond road, to the right-hand side of the said cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the F Hospital located in Gancheon-gun E around 10:50 on the same day due to the death of the victim, such as the blood transfusion and leverbage.

Summary of Evidence

1. A written statement of H by the police concerning the defendant's legal statement G;

1. Criminal land, report on the occurrence of a traffic accident, photo of the scene of the accident, fact-finding survey report, history photo, internal investigation report (verification of first-aid and black stuff images in 119), investigation report (I cab driver's telephone conversations), investigation report (to capture of black stuff image data and copy CD), death diagnosis report (refluence of black stuff image), death report (refluence of black stuffs), and application of the law of the postmortem protocol

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. Scope of punishment by law: From January to five years of a credit cooperative;

2. The scope of the recommended punishment [type 2] according to the sentencing guidelines for traffic accidents [type 2] The factors to mitigate traffic accidents (special sentencing factors] are not punishable (including serious efforts to recover damage).

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