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(영문) 대구지방법원 김천지원 2018.04.04 2017고단1573
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 drives C25t dump dump trucks.

피고인은 2017. 2. 27. 10:05 경 위 화물차를 운전하여 구미시 지산동 600-14에 있는 농로를 지 산 샛강 방면에서 구미 계량 소 방면으로 후진하게 되었다.

In such cases, a driver has a duty of care to prevent accidents by checking the traffic situation in the future and safely moving back to a person engaged in driving service.

However, the Defendant neglected this and did not confirm the situation of the rear, and got the victim D (88 3) who was getting a bicycle from the rear side of the Defendant’s cargo vehicle to the left side of the Defendant’s cargo vehicle and had the victim go beyond the floor, and imposed the victim’s left side side side of the Defendant’s cargo vehicle on the back side of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered multiple traumas due to the above occupational negligence, and the Defendant caused the death at the F Hospital located in Guro-si E at around 10:36 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, an accident scene photograph, and on-site inspection photograph;

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

1. Relevant legal provisions concerning 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 the selection of imprisonment without prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act to provide community service and attend lectures;

1. One month to five years from imprisonment without prison labor, the range of applicable sentences in law; and

2. Application of the standard for sentencing [Determination of the type] of ordinary traffic accidents in the basic area [Determination of the sphere of recommendation] of the type 2 (Determination of the sphere of recommendation] [Scope of recommendation] from 8 months to 2 years (person subject to general sentencing] of imprisonment without prison labor: Deposit of a reasonable amount and subscription to comprehensive motor vehicle insurance.

3. Although the result of the death of the victim of the sentence is heavy, at the time, the defendant, the victim was boarding and standing a bicycle, and the victim was more than the victim at the time.

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