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(영문) 대구지방법원 경주지원 2017.09.27 2017고단339
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Cmer trucks.

On April 11, 2017, the Defendant driven the above truck on April 11, 2015, and driven the two-lane road in front of the gas station in the E-si of racing, from Ulsan to Ulsan, along the two-lanes toward the racing.

Since there is a place where signal lights and crosswalks are installed, in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as ensuring that a person engaged in driving service has a duty of care, such as keeping the signal well, and checking the right and right of the front and right of the road.

Nevertheless, the Defendant neglected this and neglected to keep the vehicle driving signal while driving in red, and neglected to follow the signal, and neglected to proceed as it was, and thereby, took the victim F (74 years old) who dried the crosswalk from the right side of the front line to the left side of the road in accordance with the Mad Pedestrians' Code as the front part of the Defendant truck.

Ultimately, at around 10:05 on April 12, 2017, the Defendant caused the victim’s death by the above occupational negligence, resulting in the victim’s death by an excessive typosis, such as acute typosis and diversified cerebrovascular, while being being treated in an emergency room at the Dong University Racing Hospital located in 87, Dong-si, Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site investigation report, on-site photograph, death diagnosis report, boom fluor image flafe photograph;

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 on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The application of the sentencing guidelines [the scope of the recommended sentence] general traffic accidents in the category 2 (Death, etc. of Traffic Accidents) and the basic area (eight to two years) [special mitigation (special mitigation)] / In the category 3(2) proviso (excluding subparagraph 8) of Article 3(2) of the Act on Special Cases concerning the Punishment of Non-Punishment, or in the case of bad driving.

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