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(영문) 대구지방법원 김천지원 2017.06.13 2017고단433
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving freight cars B.

On March 1, 2017, the Defendant driven the above cargo vehicle around 06:10 and proceeded along three-lanes from the four-lanes of KBS four-lanes in front of the cross-city bus terminal in the Gu-U.S., Nowon-gu, Seoul Special Metropolitan City.

At the time of sunrise, it was difficult at that time, and there were many pedestrians in front of a bus terminal outside the old city. In such a case, a person engaged in driving service has a duty of care to safely drive the steering gear and operation by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and received C(84) a victim C (84) who illegally crosses the road on the right side from the left side of the above cargo vehicle driving by the Defendant due to negligence that neglected the front side of the road.

Ultimately, the Defendant suffered a serious injury due to the above occupational negligence, and caused the death of the victim from the Gyeongbuk-gu University Hospital in Daegu-gu, Daegu-gu, 23:21 on the same day due to the death of the victim due to the cerebral cerebral cerebral eption, the liveral eption between external wounds, etc

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. An investigation report (related to the attachment of photographs by capturing an accident image);

1. A death certificate;

1. Application of statutes on site photographs;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents of Type 2 (Death or Injury of Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation factors) (special mitigation factors) where the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage, no penalty surcharge shall be imposed;

2. Determination of sentence;

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