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(영문) 대구지방법원 2018.02.22 2017고단5840
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Dresh Freight truck.

On July 5, 2017, the Defendant operated the above cargo vehicle around 12:20 on a day, and had a duty of care to accurately operate the steering direction and brake system of the vehicle and drive it on a two-lane at a speed of 100km in the speed of 74.9km-si, Youngcheon-si, Scheon-si, with a permanent parking space located at a speed of 74.9km-si. In such a case, the Defendant had a duty of care to care.

Nevertheless, as the Defendant neglected to perform his duty at the front of the vehicle, he received the back portion of the E-Operation F, which was under way on the front side of the vehicle of the Defendant, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant by such negligence caused the death of the victim G (the 80-year-old), who is the passenger of the damaged vehicle, from the 14:00 on July 5, 2017, at the Young-nam University Hospital located in Youngcheon-si, Youngcheon University Hospital, the 10-day sewage from the 14:0 on July 5, 2017, and the victim H (the 67-year-old age-) from the same hospital on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and E;

1. A death certificate;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photographs, internal investigation reports (verification of inside and outside of an accident vehicle), and each investigation report (the reporting person and towing of damaged vehicles, monetary call-related to the towing of damaged vehicles, and the results of analysis by the Road Traffic Authority

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: (a) the sentencing conditions specified in the records and arguments of the instant case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined in light of the overall sentencing conditions specified in the text.

(b)bed;

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