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(영문) 대구지방법원 의성지원 2019.01.31 2018고단221
교통사고처리특례법위반(치사)
Text

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

except that 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 1 ton cargo vehicle B.

On October 31, 2018, the Defendant driven the above cargo vehicles around 12:40, and continued 34 national highways, 4620, Cheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, Cheongnam-gun, which were in progress, from the front-ri-ri surface to the Younguk-gun.

Since there is a road that has been passing through a vehicle in one lane, there was a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right and the right and the right of the driver of the vehicle, and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so and neglected his duty on the right and the right and the right and the left part of the victim C(76 years old) who turn to the left at the right and right of the front side of the cargo vehicle at the front side of the said cargo vehicle, when the Defendant was negligent in performing his duties and negligent in performing the duty on the right and the right and the right and the right and the right and the right part of the victim C(76 years old) who turn

Ultimately, on November 27, 2018, the Defendant caused the victim’s death by occupational negligence due to cardiopulmonary suspension, such as double alleys, etc. due to traffic accidents in the E Hospital located in Ansan-si D, Andong-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, an accident site photograph, on-site photograph, and a death certificate;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

D. Unfavorable circumstances: The crime of this case was committed by the driver at the right side on the side side of the sea-going vehicle to turn to the left, and the degree of the defendant's breach of the duty of care.

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