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(영문) 대구지방법원 2017.07.20 2017고단1610
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a 25 tons truck with D Treatment 25 tons.

On January 18, 2017, the Defendant driven the above truck on around 17:24, and proceeded at a speed of about 80km in speed of 137.2 km from the Gyeongdong-gu, Daegu-gu, Busan-do, Busan-do, Busan-do, Busan-do, Busan-do, at a speed of about 130km from the 4-lane from the Busan-do to the west-do.

In such cases, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and proceeded with it, and was at a speed due to the preceding accident occurred in front of the marine.

E(34) L- E(34) L- E’s back- E’s back portion of E’s T- E’s truck is the front portion of the Defendant’s truck, and as a shock, E-E’s back portion of the Victim G(64)’s L- E’s H-E’s back portion of the passenger’s freight vehicle running ahead of it, and the said passenger’s off portion was stopped for the preceding accident.

I(38) Drivings are faced with the rear part of the Korean special technology large truck, and under which the defendant was placed the front part of the truck, the right side of the truck was re-written.

As a result, the Defendant caused the death of the victim G due to the prolonged prolonged electric power failure around 19:05 on the same day while receiving treatment from the emergency room of the university hospital in the Gyeongbuk-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. The K's statement;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general traffic accidents in Article 62(1) of the Criminal Act [the scope of the recommended sentence] are as follows: (a) mitigation area (one year from April to one year) [the special mitigated person] punishment is not imposed (including efforts to recover damage).

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