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(영문) 대구지방법원 2018.06.01 2018고단954
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the next driving of the cooling tower B.

On February 1, 2018, the Defendant driven the above cargo vehicle around 21:50, and led the front of the road of 3310-1 single Rabro pin 103, as it was in the horizontal-gu of Daegu Metropolitan City, to the malbbb off in the face of the road, according to monthly punishment.

In this case, a person engaged in driving service has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and got the victim to go beyond the floor by taking the victim C (the 79 years old)'s right side side which crossed the road at the right side from the left side of the defendant's proceeding to the right side.

Ultimately, the Defendant caused the victim to die of an occupational negligence on February 2, 2018, on the part of the Defendant, in the middle-gu Seoul Special Metropolitan City, Jung-gu, Daegu Special Metropolitan City on February 2, 2018, due to the above occupational negligence, from the Gyeongbuk University Hospital, which was located in 130, to

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] The ground for sentencing under Article 62-2 of the Criminal Act [the case where there are two-months and one years of special mitigation area (the victim of special mitigation area] where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage) (the decision of sentence]. The occurrence of the serious result of death due to the instant crime, and the victim without permission is also liable for the occurrence of the accident.

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