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(영문) 대구지방법원 2019.05.30 2019고단1049
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of X-rayr.

On December 26, 2018, at around 05:58, the Defendant driving a bitr on the upper part of the bitr on December 26, 2018, and in accordance with the two-lane between the two-lanes of the opening line of the upper part of the Gyeong-gu Northbuk-gu, Daegu-gu, Busan-gu, Busan-do.

The measure has been taken into effect on the face of the discharge.

Since the location is a bend road with the right side and the cargo was loaded in a large quantity, there was a duty of care to reduce the speed before entering the blick section and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the defendant is negligent in doing so.

On the other hand, due to the negligence of running at a speed of 66 km per hour at a speed of 50km per hour, the part on the right side of the C driver's car running along one lane with the upper left side was covered by the parts on the right side of the C driver's car running along one lane.

Ultimately, the Defendant caused the death of the victim E (the 37 years of age) who was on board the head of the car operation in the Dskerbergian by occupational negligence as seen above caused the death of the victim E (the 137 years of age) from the Gyeong-gu, Daegu-gu, Daegu-ro, 130 on December 26, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. A death certificate;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs showing a speed limit to accident points);

1. The scope of recommendation [decision of type] according to the sentencing guidelines on the grounds of sentencing under Article 3(1) of the relevant Act of 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 Article 268 of the Criminal Act, the field of recommendation for the death of a traffic accident [Article 2].

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