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(영문) 대구지방법원 2020.08.26 2020고단1199
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 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 the operation of a wing wing truck to 17 tons of Korea.

On February 19, 2020, the Defendant driven the above vehicle on the 11:30 on February 19, 2020, and led to C to the intersection from the south to the south of the west-do, Cheongyang-do, Cheongyang-do, Cheongyang-do, 209.

Since there is no signal signal, the driver of the vehicle has a duty of care to check whether there is a vehicle or person passing the intersection by reducing the speed in the front side of the intersection and properly examining the left and right of the intersection, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by taking the front part of the above vehicle operated by the KJ-003 Electric Power cooter, which was driven by the victim D (hereinafter referred to as 82) who was proceeding to the right from the left side of the running direction of the defendant in the course of the Marina by negligence.

Ultimately, the Defendant caused the victim’s death by occupational negligence on February 19, 2020, at the F University Hospital in Daegu-gu E, Daegu-gu, where a post-treatment treatment was being rendered, due to the injury of scarcity (the scarcity).

Summary of Evidence

1. Report on the occurrence of a traffic accident involving the defendant's legal statement G on the occurrence of a traffic accident, report on the investigation (verification of whether a suspect is carried out or not), investigation report (verification of whether a person is carried out by attachment of black images) by a police report on the accident site photograph, and application of statutes

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;

1. The crime of this case for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is serious since the defendant caused a traffic accident by negligence in the course of his duty while driving cargo, resulting in the death of the victim.

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