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(영문) 대구지방법원 상주지원 2019.05.14 2018고단387
교통사고처리특례법위반(치사)
Text

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

However, 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 of B Poter cargo vehicles.

On November 5, 2018, at around 13:25, the Defendant was driving the above cargo vehicle and staying at the same time, moving the road in front of C in the “D Senior Community” page from the “D Senior Community Post Office” page.

It is a road in which the passage of village residents is frequent, so in such cases, there was a duty of care to view the front, rear and left right and the right of the person engaged in driving of the motor vehicle, and to ensure the safe progress after checking whether there is any person around the direction of progress.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by taking the body side of the victim E (the 81-year old) who was going to the maid knife knife knife knife knife knife knife knife knife.

Ultimately, at around 16:05 on the same day, the Defendant caused the victim’s death by occupational negligence by “G Hospital” located in F at the time of stay in the post-transmission treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [Special Sentencing] - The factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation of punishment (including the area of recommendation and recommendation range], and April through one year;

3. The fact that the defendant's decision of sentencing reflects the wrongness, the payment of 15 million won, and the agreement with the victim's bereaved family members.

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