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(영문) 대구지방법원 경주지원 2017.06.14 2017고단159
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive CPoter II cargo vehicles.

On November 18, 2016, the Defendant driven the above cargo vehicle at around 19:10, while driving at around 19:10, and driving at least 120 meters of the E gas station at P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P.

At the time, the location was flick and flick so that the surface was narrow and flick, so the defendant engaged in the freight driving has a duty of care to look at the right and the right before and after the freight driver well and to prevent the occurrence of the accident by changing the car line safely.

Nevertheless, the Defendant neglected this and proceeded by changing the lane into a two-lane on the left side of the Defendant’s cargo vehicle. However, the Defendant received the victim’s bicycle back part of the victim F(74) driving, which was proceeding between the two-lane and the side at the time, as the front side of the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence, such as a multi-long-term marriage around November 29, 2016, around 03:30.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, site photographs, etc., details of the report, death diagnosis, site photographs, black stuff images, etc., and notification of the results of the traffic accident investigation and analysis shall be applied by the statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended sentence] General traffic accidents in the range of Class II (Death or Injury by Traffic Accidents) (from April to one year) (the person subject to special mitigation) is not subject to punishment;

2. The sentencing decision defendant caused a traffic accident and resulting in the death of the victim.

However, the fact that the defendant is led to confession, the fact that the victim's bereaved family members and the victim's bereaved family members have reached a unanimous agreement.

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