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(영문) 전주지방법원 2020.05.13 2019고단1347
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a concrete mixture truck B.

On June 6, 2019, at around 10:10 on June 6, 2019, the Defendant came to turn to the left the right at the sacrifes of the euthanari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri cross

At this point, there was a duty of care to prevent accidents in advance by driving safely by safely driving another vehicle, such as making a person engaged in driving of a motor vehicle to live well on the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle.

Nevertheless, the defendant neglected to turn to the left without neglecting it and found that the driver C (the 59-year-old driver) drive the victim C (the 59-year-old driver) who was straight to the right right from the left side of the running direction of the defendant, and caused the victim to go to the road by taking the front part of the steering direction of the truck.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the E University Hospital in Seo-gu Daejeon, Seo-gu, Daejeon, to the death of the victim due to cardiopulmonary transfer, etc. at around 02:22 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports and death diagnosis reports;

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, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element of the death of a traffic accident [Special Sentencing]: In cases where the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment [the area of recommendation and the scope of recommendation] special mitigation area, two months through one year without prison labor;

3. Determination of sentence: Six months of imprisonment without prison labor;

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