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(영문) 대구지방법원 2019.06.27 2019고단1953
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a Switzerland car.

On November 28, 2018, the Defendant operated the above car on the 22:15th day of November, 2018, and continued the national highway No. 1633 28 to the Hocheon-si Ho-si, Yongcheon-si.

At night, a person engaged in driving of a motor vehicle had a duty of care to prevent an accident by accurately manipulating the steering direction and brake system in a way that makes it possible for the person engaged in driving of the motor vehicle to live well on the front side and the right side.

Nevertheless, while the defendant neglected this, the defendant's negligence found C2.5 tons of cargo parked on the right side of the progress of the defendant's vehicle and brought about the following parts of the cargo vehicle due to the negligence of finding it late, which led to the front side of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim D (the age of 60) who was on board the head of the operation of Defendant’s vehicle due to the foregoing occupational negligence due to the death of the victim D, who was receiving medical treatment from the F Hospital located in Yongcheon-si E on November 18, 2018, around 23:30.

Summary of Evidence

1. Defendant's legal statement;

1. A scene of an accident and photograph of an accident vehicle;

1. The actual condition of traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes to notify traffic accident investigation and analysis results;

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. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [Article 62(1) of the Criminal Act] The general traffic accident reduction element [Class 2] the damage caused by traffic accidents (including the specially sponsed person]: the mitigation element of punishment [including the scope of recommendations and recommendations], the mitigation range (including the recommended area and the scope of efforts to recover the damage], the circumstances under the decisions of the imprisonment without prison labor for April to one year, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined

- The victim is the fault of the defendant.

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