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(영문) 대구지방법원 상주지원 2017.02.14 2016고단506
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of one ton cargo vehicle E.

On August 31, 2016, at the time of permanent stay at around 20:10, the Defendant proceeded at the speed of about 60 km from the west to the west of the Clock of the Clock of the Clock of the Paper at the speed of about 60 km from the west of the Clock of the Clock of the Paper.

At this point, there is a place where the center line of yellow solid lines is installed, and there is a tri-distance intersection in the front section, so there was a duty of care for those engaged in driving duty to keep the car line in the front section and operate it safely by checking well the right and the right and the right.

Nevertheless, the Defendant neglected to do so and caused the Defendant to drive the front part of the victim F (55 tax) which was waiting to turn to the left at the opposite lane due to the negligence of driving the center line, as the front part of the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Red Cross Hospital located in 53 located in the Guro 53, in the case where he had been living in the aftermath of around 20:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to traffic accident occurrence reports, actual investigation reports, and death diagnosis reports;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 200Do1448, Apr. 1, 2001; Supreme Court Decision 200Do132, Feb

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