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(영문) 대구지방법원 2017.02.09 2016고단5866

교통사고처리특례법위반(치사)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a small-scale car B.

On October 3, 2016, the Defendant driven the above car at around 20:10, and moved the D laundry Road in order to the front of the D laundry Road in Daegu-gu, Daegu-gu, to the front 81-ro, circulating-ro, Busan-si.

At the time, night and a wide area road was narrow, so in such cases, there was a duty of care to prevent accidents in advance by accurately operating the steering and steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and did not discover the victim E (63) who was under way on the road due to the negligence of bypassing it, and did not discover the victim E (63) and applied the victim's breast with the front wheels of the Defendant's driver's car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in 22:40 on the same day, such as a click crypus at Daegu University Hospital located in 17:3, Nam-gu, Daegu District Park, 22:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense.

1. A fine of five million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 59(1) of the Suspension of Sentence - Reasons for sentencing - Unfavorable circumstances: The occurrence of a serious consequence of the death of the victim of the instant accident: The occurrence of a traffic accident, such as water leakage on the road at night, etc.; the occurrence of a traffic accident by considerable negligence is agreed with the bereaved family members of the victim separately, except when the vehicle of the defendant is covered by comprehensive insurance; the Defendant is the primary offender; the Defendant’s age, sex behavior, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime.