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(영문) 대구지방법원 2019.07.10 2019고단263
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

The crime history room: "The defendant, around 14:30 on December 14, 2018, operated B 1t Poter cargo vehicles and moved back at the D Poter parking lot located in Daegu Northern-gu C.

In such cases, the defendant engaged in driving service has a duty of care to prevent accidents in advance by driving safely, such as taking a backside and left side well, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and did not look at the rear side of the cargo, and took the victim E (the age of 82) who was walking to the restaurant from the rear side of the cargo vehicle to the rear side of the above cargo vehicle, and had the victim go beyond the bottom of the above cargo vehicle, and served the victim with the rear wheels of the above cargo vehicle.

Ultimately, at around 15:26 of the same day, the Defendant caused the death of the victim in the emergency room of the F Hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special person] - the mitigated element of mitigation: [including a serious effort to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, imprisonment without prison labor for four to one year [the general person] mitigation element: Subscription to the comprehensive motor vehicle insurance, a serious proportion of self-esteem [the grounds for suspension of execution] - Major extenuating circumstances: Death accident - The general extenuating circumstance is clear of social relationship, serious reflects, there is no past convictions, suspension of execution, and subscription to the comprehensive motor vehicle insurance.

3. Determination of sentence: Imprisonment without prison labor;

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