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(영문) 대구지방법원 포항지원 2018.09.20 2018고단781
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CM trucks.

On May 8, 2018, the Defendant driven the above truck, and started from the E warehouse located in south-gu D at the port of port to enter the road at the right angle from May 8, 2018.

Since the bicycle lane was installed in front of the above E, in such cases, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle passes the bicycle lane by checking well the right and the right before entering the road, and to prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not discover the victim F(58) bicycle driving from the right side of the Defendant's running direction to the left side of the road without examining the surrounding areas properly, and did not discover the victim F(58) bicycle driving from the Defendant's driving direction to the left side of the road. The victim's bicycle was taken to the right side of the above car truck and got the victim's bicycle go beyond the ground, and served as the part of the victim's hick truck's hick which is over the wheels

Ultimately, the Defendant caused the death of the victim by the above occupational negligence by the low-blood shock shocks caused by the extraction of internal organs and the diversative aggregate on the same day on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates of body, photographs of dysphographs, and other visual images closures;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the ordinary traffic accidents [the scope of the recommended sentence] and the mitigation area (the number of months to one year) [the person subject to special mitigation] the punishment not (including the serious efforts to recover damage);

2. Entry into roads, in other words, the unfavorable circumstances of the sentence.

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