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(영문) 대구지방법원 영덕지원 2017.01.11 2016고단256
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 dump truck driver.

On August 27, 2016, the Defendant driven the above truck on around 04:20, and proceeded with the second line 85 km at the speed of 7 km-si, Young-gu, Young-gu, Young-gu, Chungcheongnam-gu, Chungcheongnam-do, South-do.

At the time of night, it was difficult to secure the view of the front door, and there was a duty of care to reduce speed to persons engaged in driving of motor vehicles and to prevent accidents in advance by driving motor vehicles safely.

Nevertheless, the Defendant neglected this and failed to reduce speed, but failed to properly implement the front-round city, and the Defendant got the victim D (54 years old) who walked to the right side of the same direction, depending on the two-lane edges of the same direction of the sailing.

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

Summary of Evidence

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is applicable to the crime of notification as a result of traffic accident investigation, and Article 62-2 of the Criminal Act on the Suspension of Execution of Article 268(1) of the Criminal Act of the Social Service Order Act / [type determination] Article 62(1) of the Criminal Act / [specific sentencing factors] Article 62-2 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the Social Service Order / [specific sentencing factors] there is no aggravated factor in the case of traffic crime committed by the Defendant: Basic area [Recommendation and sentence] (Article 8 to 2 years] (Article 8). The instant crime is committed by the Defendant resulting in the death of the victim by causing a traffic accident due to occupational negligence.

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