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(영문) 대구지방법원 영덕지원 2017.05.12 2017고단18
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 engaged in driving a modern car truck truck truck truck vehicle.

On November 11, 2016, the Defendant driving the above cargo vehicle around 06:10, and driving the front of the Gyeong Young-gun, Young-gun, Chungcheongnam-do, in the front of the D road every day, from the riside to the rooftop accounting room, the Defendant driven approximately 60-70km each hour at a speed of about 60 to 70km.

At the time, the situation was kept before sunrise, and there was a lot of authorization around the road, and there was no distinction between roadway and India. In such a case, there was a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle in preparation for the occurrence of pedestrians.

그럼에도 피고인은 이를 게을리 한 채 전방을 제대로 주시하지 않고 그대로 진행한 과실로, 때마침 피고인의 진행 차선 우측 가장자리를 따라 피고 인의 화물차를 마주보며 걸어오던 피해자 E(82 세) 의 신체 부위를 피고 인의 화물차 우측 앞 범퍼 부분으로 들이받아, 그 충격으로 튕겨 져 나간 피해자로 하여금 도로 우측 하천 변으로 추락하게 하였다.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the injury to the two parts of the injury.

Summary of Evidence

The grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 62(1) of the Criminal Act, Article 62(1) of the Criminal Act on the Suspension of Execution of Punishment for Traffic Accidents under Article 268 of the Criminal Act, as to the criminal facts subject to the law applicable to the police statement protocol of the statement by the police against F of the defendant's legal statement, the report of traffic accident occurrence report, the actual condition of traffic accident (on-site drug map, accident photo), the driver's license register, the vehicle register, the body of the body of the body of the body of the defendant (the details of the inspection), the examination report (the details of the inspection), and the reason for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Reasons for Sentence of the Criminal Act concerning the Punishment of Traffic Accidents [type Decision] mitigated

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