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(영문) 대구지방법원 2019.07.24 2019고단2030
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 11, 2019, the Defendant was driving a BDam Dum Corp on February 16, 2019, and came to enter the D parking lot located in Cheong-do C, Cheong-do.

The defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the right and the right and the right of the motor vehicle, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

그럼에도 불구하고 피고인은 이를 게을리하여 진행하던 중, 경북 청도군 E에 있는 F 방면에서 남성현재 방면으로 정상적으로 진행해 오던 G 운전의 H 포터II 화물차를 뒤늦게 발견한 과실로 위 화물차의 우측 앞 범퍼 부분을 피고인 차량 좌측 앞 범퍼 부분으로 충격하여, 그 충격으로 피고인 차량 조수석에 타고 있던 피해자 I(66세)으로 하여금 차량 밖으로 튕겨 나가 도로에 떨어지게 하였다.

Ultimately, the Defendant caused the death of the victim I, who was on board the head of the operation of the Defendant’s vehicle due to the foregoing occupational negligence, while receiving medical treatment from the K Hospital located in the Daegu-gu J on March 12, 2019, at around 20:53.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes of death certificate (Evidence Record 58 pages);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] there is no person causing a traffic accident [the scope of recommendations and recommendations] [the scope of recommendations], the basic area of the traffic accident [the scope of recommendations and recommendations], the imprisonment without prison labor for up to 8 months [the general person] - the mitigation element: In the case of a person who is free of charge pursuant to any of the subparagraphs, the comprehensive motor vehicle insurance is subscribed and the serious reflects.

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