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(영문) 대구지방법원 김천지원 2019.03.20 2018고단1313
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 drives B cargo vehicles.

On October 25, 2018, the Defendant driven the above cargo vehicle around 08:50 on October 25, 2018, and led to turn to the left at the right angle of D's entrance and exit distance in Kimcheon-si, Kimcheon-si.

Since there are places where traffic is not controlled, there was a duty of care to check whether a person engaged in driving service is driving on the opposite lane by reducing the speed or temporarily stopping the speed and to turn safely.

Nevertheless, the Defendant neglected this and failed to confirm the left left without checking it, and was driven by the victim E (the 79-year-old) who was driving on the opposite lane, the front part of the FCA1105 Orala, which was driven by the victim E (the 79-year-old) as the front part of the driver’s seat of the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the H Hospital Emergency Medical Center located in Kimcheon-si G on the same day at around 09:55, Kimcheon-si G on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, on-site photograph, and photograph of the deceased;

1. Application of Acts and subordinate statutes of a death certificate;

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 selection of

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of the recommended sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of traffic accident [special person] the element of mitigation: [the scope of recommendation and recommendation] reduction area] mitigation area, reduction area, imprisonment without prison labor for up to 4 months [1 years] - There is no record of criminal punishment [ there are no records of suspension of execution of punishment] - There is no record of punishment or record of criminal punishment - there is no record of criminal punishment - there is no record of major pride - there is no record of criminal punishment or major illegal grounds: general pride if death occurs:

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