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(영문) 대구지방법원 상주지원 2021.02.17 2020고단358
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 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 cargo vehicle of one ton in B.

On January 11, 2020, at around 14:50, the defendant driven the above car and moved to the road at the end of the defendant's house located in C while staying there.

In such cases, there was a duty of care to prevent accidents in advance by driving safely by checking whether a person engaged in driving of a motor vehicle is a person who is well aware of the future.

Nevertheless, the Defendant neglected this and failed to discover the victim D who is directly proceeding by driving Otoba in the rear direction of the Defendant's proceeding due to negligence, and received the cargo back of the Defendant's cargo vehicle.

Ultimately, on July 7, 2020, the Defendant caused the death of a victim of a serious cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon in the Daegu-gu University Hospital located in 130, Daegu-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E, F and G;

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

1. Application of Acts and subordinate statutes to a death diagnosis report, investigation report on the autopsy report (on-site conditions, statements of witnesses, and conditions after transport of the driver involved in the accident);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the factors to reduce the death of a traffic accident (person who is in special sentencing]: The area of reduction of punishment [the area of recommendation and the scope of punishment], the area of reduction of punishment [the area of recommendation and the scope of punishment], four months through one year.

3. Determination of sentence: The result of a traffic accident caused by a defendant for a period of two years in a suspended sentence of imprisonment without prison labor shall be the result that the victim is unable to take care of;

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