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(영문) 대구지방법원 상주지원 2017.10.31 2017고단405
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 duty of driving Category C cargo vehicles.

On August 17, 2017, the Defendant driven the above cargo vehicle at around 09:00 and had the front of the upper 1st village hall in front of the upper 125-ro, in the form of a picture in the form of a 125-ro, from the front side of the upper 1st village in front of the upper 1st village.

At the time, it was the cross-road crossing in front of the village where there was no signal, so there was a duty of care to check whether a person engaged in driving of a motor vehicle is a motor vehicle driving and safely proceed with the accident to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded to the port from the right side of the course, and did not discover the victim D (65 years old) E-on, which was moving to the port from the right side of the course of the course, and had the victim go to the road by taking the front side of the driver's freight on the left side of the victim's driver's vehicle.

Defendant 1 suffered from cerebral cerebral cerebrovassis due to such occupational negligence and caused the death of around 13:51 on August 19, 2017 at the Gyeong-gu University Hospital located in 130, Jung-gu, Daegu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made to F or G by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The ledger of driver's licenses for each motor vehicle and the registers of each motor vehicle;

1. A death diagnosis certificate, a protocol of postmortem examination, and a certificate of completion of postmortem examination;

1. Application of Acts and subordinate statutes to the scene photographs of accidents, and photographs of changeers;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria;

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