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(영문) 대구지방법원 안동지원 2017.04.28 2017고단13
교통사고처리특례법위반(치사)
Text

1. The punishment of a defendant shall be determined by a credit cooperative for ten months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cargo vehicle B1 ton.

On November 26, 2016, the Defendant driven the above cargo vehicle on November 26, 2018, and driven the central expressway down line (202 km point in Busan) located in Ansan-si, Pung-si, Pungdong-si (202 km point in Busan) into the Busan Seaside.

In such cases, the place at the time is getting off the length of snow, and the vehicle was in the front place due to a prior accident, and thus, the person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and to safely proceed by adjusting the speed in advance.

Nevertheless, the Defendant neglected to do so, and neglected to do so, caused the victim C (22 ) who was in the course of performing the duty of safe management on the side of the road on the side of the Madle Road and was in the course of performing the duty of safe management on the rear, thereby falling under the foundation of the intersection by the Defendant.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements related to each traffic accident of E and F;

1. A report on the occurrence of a traffic accident, a report on a traffic accident, a death certificate, a postmortem examination report, a postmortem examination report, a body, and a collection of articles in possession;

1. Application of Acts and subordinate statutes on internal investigation reports and accompanying materials;

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. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of punishment recommended: Four months to one year without prison labor;

2. The crime of this case committed in light of its circumstances, degree of breach of duty of care, result of serious damage, etc.

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