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(영문) 대구지방법원 영덕지원 2018.08.22 2018고단72
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 who is engaged in driving a CM5 car.

On January 3, 2018, the Defendant driven the said car at around 09:50, and led the front of the road to the intersection, which is located for profit-making on the surface of the territorial sea of the Young-gun, Chungcheongnam-gun, Chungcheongnam-gun, the territorial sea, from the creative dives of water surface to the breadth of the territorial sea, at approximately 30 to 40km each hour, depending on the speed of two lanes.

Since there are lots of intersections and frequent traffic of automobiles and obanes, there was a duty of care to prevent accidents by maintaining the safety distance between automobiles and obanes, etc., a person engaged in driving of automobiles has a duty of care.

Nevertheless, the Defendant neglected to do so and did not keep the front section properly and did not keep an appropriate distance from the E-to-face driving of the victim D (76 tax) who was under way on the right side of the car of the Defendant driving, while overtaking the above O-to-face as is, the Defendant got out of the front part of the Defendant’s driving with the right side of the car. The Defendant got out of the road with the part of the victim’s driving on the right side of the car.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the following: (a) around 07:18, on March 7, 2018, when he/she was sent to the Daegu MoTol University Hospital, 17:3, a 33-lane, which was sent to the Daegu Nam-gu University University Hospital; and (b) caused the victim’s death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (a witness and his/her mobile phone phone call), an investigation report (determination of attaching a photograph of the CCTV images immediately before an accident and the situation of an accident);

1. Report on the occurrence of a traffic accident, the 112 Report Processing List, the actual situation survey report, and the next red inquiry;

1. A medical certificate, a death certificate, or a postmortem report;

1. Application of statutes on site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (Punishment of imprisonment without prison labor).

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