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(영문) 대구지방법원 안동지원 2017.08.25 2017고단314
교통사고처리특례법위반(치사)
Text

1. The imprisonment without prison labor for a defendant shall be determined as one year;

2. Provided, That the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On April 5, 2017, the Defendant driven a dump truck above the dump truck around 06:25, and proceeded at the speed of about 50 km from the northwest of the Dong-dong B with one lane in front of the E kindergarten in Ansan-si D.

Since there is a center line of yellow solid lines, there was a duty of care to safely operate the vehicle to those engaged in driving service.

Nevertheless, the Defendant neglected this and got the front portion of the G concrete mixed truck drivened by the Victim F (50 e.g., the dump truck) at the opposite part due to the negligence of driving the central line, which caused the Defendant to go ahead of the left side of the said dump truck.

Ultimately, the Defendant caused the death of the victim due to serious brain injury in the workplace by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A screen by reporting the occurrence of a traffic accident, a death certificate, a postmortem report, a postmortem inspection report, a survey report on the actual condition, or a screen by capturing a black image;

1. Application of Acts and subordinate statutes to a report on investigation (report on the binding of suspect vehicle booms images on screen pages);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommending punishment: Four months to one year.

2. The instant crime that was determined to be sentenced is likely to be subject to criticism in light of its circumstances, degree of breach of duty of care, degree of damage, etc.

This is an unfavorable circumstance to the defendant.

The defendant is the first offender, and all of the crimes of this case are led to confession and reflect.

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