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(영문) 대구지방법원 포항지원 2017.01.12 2016고단1501
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant driving at around B, B, and III cargo vehicles at around 04:46, and driving at around 04:46, one-lane of the two-lane roads in the north-gu C at the port of port at the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the sea of the Republic of Korea.

A person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles by checking the left and right of the front.

However, the defendant neglected to cross the road on the left side of the cargo vehicle driving by the defendant, and caused the victim E (the 66 years old) who crossed the road on the right side from the left side of the cargo vehicle driving by the defendant, to the front side of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim at the Ulsan National University Hospital around 10:19 on the same day, while receiving treatment due to the injury to the external wound accompanied by blood transfusion due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Relevant Acts 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 the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of Article 62(1) of the Criminal Act / [the grounds for sentencing of Article 62(1) of the Act on the Suspension of Execution / [the grounds for sentencing] 2 types of general traffic accidents (the two months to one year without prison labor) (the special mitigated person] / When there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage): Normal circumstances favorable to the death of the victim: The victim was involved in an accident while crossing without permission, and the defendant is deemed to have no negligence in driving, except in the case where the victim was negligent in performing his/her duty of full-time driving, the victim's bereaved family is expected to have agreed to pay a mutual agreement, the vehicle of the defendant is expected to be able to pay damage

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