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(영문) 대구지방법원 상주지원 2020.06.17 2020고단5
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 of B Poter cargo vehicles.

On October 30, 2019, the Defendant driven the above cargo vehicle on October 14:35, 2019, and turned to the left at the e.g. “D” page from the e.g. “D” page.

Since there is no vehicle signal apparatus installed, in such a case, there was a duty of care to reduce the speed prior to entering the intersection and to conduct safely by checking well the right and the right of the driver.

Nevertheless, the defendant neglected to turn to the left without neglecting it and received the left part of the victim E(the age of 87) driver's bicycle driving from the right side on the right side of the math of the math and the front part of the above cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on December 9, 12:57 of the same year by the G Hospital located in Ansan-si F of the same year due to the cardiopulmonary function of cardiopulmonary resuscitation during the after-patient treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

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

1. Application of Acts and subordinate statutes to death diagnosis reports;

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 selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] Death [Special Sentencing], element of mitigation of traffic accident: source of punishment (including serious efforts to recover damage) [the scope of recommendation field and recommendation range] mitigation area, credit cooperative from 4 months to 1 years (general person).

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