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(영문) 대구지방법원 안동지원 2018.09.07 2018고단338

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On November 27, 2017, the Defendant: (a) driven the said car on the 14:43th day of the permanent residence, and was driving the 36th day in front of the 36th day high school, which was a permanent residence, along one-lane from the intersection to the stability side of thewestwest at the time of permanent residence; and (b) was driving the bicycle without permission from the victim D (98) who went to the port from the right side of the course due to occupational negligence, thereby going to the front part of the car driven by the Defendant, and got the victim over the ground floor.

Ultimately, on March 3, 2018, the Defendant caused the victim’s death by occupational negligence to the open top of the head and other parts of the F convalescent Hospital E in a permanent residence on March 3, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. A postmortem report, a death certificate, and a medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (in relation to an objection to the investigation of a suspect's accident and the attachment of a report as a result of the objection), investigation report (related to attachment of accident video booms);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommended sentences] the range of general traffic accidents of Type 2 (Death or Injury of Traffic Accidents) (the period between April and one year) (the period of special mitigation] has a substantial negligence in causing traffic accidents or expanding damage to victims;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

It seems that the defendant did not receive a letter from the whole bereaved family of the victim.

However, the defendant recognizes his mistake and is against his will.

The vehicles of the defendant are covered by the comprehensive automobile insurance.