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(영문) 대구지방법원 포항지원 2018.06.15 2018고단454
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 CMW car.

On January 22, 2018, the Defendant driven the above car at around 07:15, while driving it at the north-gu, north-gu, Posi-si, in the north-gu, the Defendant straighted directly from the north-do, the front of the EM store to the fourth distance from the south-do.

At the time, there was a duty of care to check the safety of the course by reducing speed and checking the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, by negligence of neglecting and proceeding it, the defendant did not find the victim F to the left-hand side from the right-hand side of the running direction of the defendant's vehicle and received the victim from the front part of the defendant's vehicle.

결국 피고인은 위와 같은 업무상의 과실로 2018. 1. 22. 07:38 경 포항시 북구 칠성로 20-1 도로에서 다발성 늑골 및 골반, 왼쪽 경골, 비골 골절 등으로 인한 저혈 량성 쇽으로 피해자가 사망에 이르게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Report on the occurrence of a traffic accident, on-site photographs, actual condition survey report, and on-site confirmation photographs;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration to include the fact that the defendant is the first offender, the fact that the victim's bereaved family members and the bereaved family members agreed to do so);

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