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(영문) 대구지방법원 안동지원 2020.01.08 2019고단735
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who is engaged in driving freight B and B.

At around 15:50 on August 20, 2019, the Defendant driven the above cargo vehicle, and continued to drive a road at approximately 150 meters away from the wing-gun C at the entrance of D, which is located in C, to the waterside from the wing-gun.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly drive the motor vehicle in the front line and safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not confirm the existence of the vehicle driving on the opposite road, and tried to overtake the victim E (the 82-year-old driver) drive FCA105, which was normally proceeding on the opposite road, by locating the central line, while trying to overtake it. On the opposite road, while the G driving car operating in the normal course of G driving in the opposite road was replaced by a light, the Defendant immediately entered a normal lane to avoid the collision, and the above vehicle was loaded on the right-hand side of the said cargo, and caused the victim to go beyond the road.

Ultimately, at around August 20, 2019, the Defendant: (a) caused the victim’s death by occupational negligence due to the cerebral blood and scarcity surgery at the I Hospital located in Ansan-si H on August 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and J;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. A written result of autopsy and postmortem examination;

1. An accident site photograph;

1. Application of Acts and subordinate statutes concerning investigation reports (related to intrusion on the central line);

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be limited to traffic crimes;

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