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(영문) 대구지방법원 2017.11.23 2017고단4357
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of D's oil tank freight vehicles.

On May 30, 2017, the Defendant driven the above cargo vehicle around 10:10, and continued to drive approximately 45km in Sincheon-ro, Geumcheon-ro, Geumcheon-ro, 1382-1 (Seuk-ro) with one parallel of the new morals, who was in Sincheon-si, Sincheon-si (Seuk-si), from the discharge to the flow of Cheongcheon-do.

At that time, there was a signal apparatus installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the signal apparatus and prevent the accident in advance according to the direction of the signal apparatus.

Nevertheless, the Defendant neglected to do so and led the victim E (58) driving to the above cross-section in the new-due village room due to the negligence of the left-hand turn, which led to a shocking of the left-hand part of the Fpoter freight truck in the above fpoter to the front-hand part of the fpoter freight tank.

Ultimately, the Defendant caused the victim to die from the above occupational negligence at H hospitals located in Youngcheon-si G around 11:00 on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A death certificate;

1. A survey report on actual condition, on-site photographs, and an investigation report (verification, etc. of a violation of signalling the suspected vehicle);

1. Application of the Acts and subordinate statutes on CDs and CCTV video recording video records;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) of the suspended sentence (the following reasons for sentencing) / [the scope of recommendation / [the scope of recommendation ] general traffic accidents / [the range of four months to one year] mitigation area (including efforts to recover damage), / the decision of sentence / the decision of sentence / the defendant’s age, sex behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc. are considered in light of all the various sentencing conditions shown in the records and arguments of this case, including the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means of the crime.

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