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(영문) 대구지방법원 서부지원 2020.01.22 2019고단2359
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 construction machinery B.

On August 2, 2019, the Defendant driven the above digging pool on August 10:55, 2019, and proceeded at a two-lane road in front of the fixed site of the 59 KTX Seo-gu, Seogu, Seogu, Seogu, Seogu, with one-lane distance flooding side from the Seogu ICT bank, along with the two-lane distanceing side, and the Defendant was driving ahead of it to the right side of the road.

There are two lots of reports at the entrance of the site. In such a case, the driver had a duty of care to prevent accidents by accurately manipulating the steering team and accurately manipulating the steering gear.

Nevertheless, the Defendant was negligent in neglecting this and proceeding on the part of the Defendant’s right side of the bicycle driven by the victim C(58 years old) who was driving on the front side of the digging distance. The Defendant was driven by the victim C(58 years old).

As a result, the Defendant caused the death of the victim by occupational negligence from a multi-long-term unit, such as a parosis and a new part, at the Daegu-ro 130 Hospital, Daegu-ro 130, where the victim was under treatment for transmission at around 04:03 on August 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to photographs by cutting off the scene photographs of the accident, the on-site investigation photographs, and the CCTV images of the DNA gas station;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The traffic accident of this case occurred due to the occupational negligence of the defendant, who was driven by the driver of the scopher for sentencing of Article 62(1) of the Criminal Act, immediately after the internship, without immediately looking at the scopher, while bypassing the scopher, and the victim's death is serious.

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