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(영문) 대구지방법원 포항지원 2018.04.05 2018고단8
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 driving of B Poter cargo vehicles.

On December 5, 2017, the Defendant driven the above cargo vehicle around 12:30 on December 5, 2017, and turned back to the speed of about 5 km from the direction of the police box to the direction of the road in front of the road in front of the 23 North Korean health branch, Ulle-gun, Ulle-gun, Ulle-gun, Ulle-gun.

On the other hand, there are frequent traffic of pedestrians in the public health center, commercial building, etc., so in such a case, the defendant has a duty of care to safely drive the motor vehicle by reducing speed and checking well the right and the right of the rear, thereby ensuring whether other obstacles or people pass.

Nevertheless, the Defendant neglected this and proceeded with the victim C (the age of 83) who was behind the above vehicle due to the negligence that the Defendant did not properly go back without being negligent, and instead took the victim C (the age of 83) as the loaded part of the above cargo vehicle, and continued as it is. The Defendant followed the left side of the above cargo vehicle with the wheels of the victim.

As a result, the Defendant caused the victim to die due to the above occupational negligence by causing the damage of the two symptoms occurring during transmission to the Ulle Military Health Center in Ulleung-gun 396-18, Ulleung-gun, Ulleung-gun, Ulleung-gun, Ulleung-gun, 396-18 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on the actual condition, a corpse inspection report and a postmortem report;

1. Application of each statute on photographs;

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 sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the ordinary traffic accidents [the scope of the recommended sentence] and the mitigation area (the number of months to one year) [the person subject to special mitigation] the punishment not (including the serious efforts to recover damage);

2. An accident in this case, which is an unfavorable circumstance to a sentence of sentence.

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