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(영문) 대구지방법원 김천지원 2019.09.11 2019고단596

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 drives B rocketing another car.

피고인은 2019. 3. 20. 05:27경 위 승용차를 운전하여 김천시 감천면 금송리 807에 있는 감천 ‘ㅏ’자형 교차로를 감천면 방면에서 김천 시내 방향으로 진행하게 되었다.

At the time, the driver was at night and the driver was proceeding with the agricultural rupture C in the front direction of the defendant's proceeding, and there was a one-lane rupture, so in such a case, the driver was obliged to safely drive the motor vehicle to prevent the accident in advance by driving the motor vehicle, such as driving the rupture, accurately manipulating the steering and brakes, etc.

Nevertheless, the Defendant neglected to do so and received the rear part of the said horse driving machine as the front part of the Defendant’s car.

After all, the Defendant caused the death of the victim D (n, 79 years of age) of the passenger of the said horse by occupational negligence at the F Hospital located in Kimcheon-si, Kimcheon-si, around 05:48 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report, a field photograph of accident, and a photograph of CCTV screen on the face of an accident;

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 selection of

1. Reasons for sentencing under the main sentence of Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special person] - the mitigated element of mitigation: [including serious efforts to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, imprisonment without prison labor for not less than four months and one year [the general person] mitigation element: Subscription to the comprehensive motor vehicle insurance [the grounds for suspension of execution of sentence] - Major pride reasons: In the event of death or serious injury, the general pride reasons: