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(영문) 대구지방법원 의성지원 2018.11.29 2018고단132
교통사고처리특례법위반(치사)
Text

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

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 dump truck truck truck driver.

On July 30, 2018, the Defendant driven the above cargo vehicles around 10:10, and proceeded two lanes of national highways No. 5, located in 1151-1, Sungsung-gun, Sungsung-gun, Sungsung-gun, Sungsung-gun, at a speed of about 74 km per hour from the ebbbbbbs to the ebs.

At the time, there were preceding vehicles, and thus, there was a duty of care to prevent the traffic accident in advance by thoroughly keeping the front and right time to the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the part of the Victim D(63) drive prior to the arrival of the cargo, which was driven by the victim D(63) due to occupational negligence, without a prior to the collision, for the purpose of making a knife to the knife of the knife of the knife.

Ultimately, the Defendant caused the death of the victim on the same day due to the above occupational negligence due to the injury to the upper trend.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to E (bereaved family members);

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, an accident site photograph, a traffic accident report, on-site photograph, a DNA analysis report on an accident vehicle, and a death examination report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of the instant case.

The favorable circumstances: The defendant recognized his mistake, divided, paid damages, and the vehicle has subscribed to the comprehensive automobile insurance.

The victim's serious result leads to death, and the responsibility is heavy.

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