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(영문) 대구지방법원 2019.09.19 2019고단3518
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 as a Tractor B.

On June 8, 2019, around 07:30, the Defendant got off the victim E (33 years old) who was working in front of the moving Dock, while driving the Tracker while driving the Tracker in the direction of the moving Dock, and neglecting the duty of the moving Docker, caused the victim E (33 years old) who was working in front of the moving Dock to wear between the moving Dock and the Tracler.

Ultimately, at around June 8, 2019, at G Hospital located in Daegu-gu, Daegu-gu on June 8, 2019, the Defendant caused the death of the victim due to the malutic blood disorder caused by liver heat, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The actual condition survey report;

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

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 scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [Article 62(1) of the Criminal Act] The general traffic accident reduction element [Class 2] the damage caused by traffic accidents (including the specially sponsed person]: the mitigation element of punishment [including the scope of recommendations and recommendations], the mitigation range (including the recommended area and the scope of efforts to recover the damage], the circumstances under the rulings of imprisonment without prison labor for April to one year, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, shall

- The negligent result of the victim’s death - The recognition and reflection of the crime, the agreement with the victim’s bereaved family members, and there is no history of criminal punishment.

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