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(영문) 대구지방법원 김천지원 2017.08.31 2016고단1920

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 rocketing car.

On September 28, 2016, the Defendant came to crosssections in front of the F pharmacy in the Simsi E around 19:45 on September 28, 2016, from the long-distance four-lanes, the Defendant came to run approximately 73km each other at a speed of two lanes, depending on the two-lanes.

At the time, it was difficult to reduce the length of the vessel at night, and there was a crosswalk installed at the front section of the 40km speed limit. In such a case, there was a duty of care to ensure safe operation by accurately operating the steering gear and operating the steering gear after reducing the speed in advance to the driver of the vehicle.

Nevertheless, the defendant neglected his duty of care and proceeded at a speed exceeding the limit, and caused the victim to go beyond the road, by taking the body of the victim G (51) which was dried on the right side from the left side of the front side of the direction of the defendant's running.

Ultimately, the Defendant caused the victim's death by occupational negligence as above in the next 03:18 old-si, old-si, 10:12, from the next hospital located in the old-si, old-si, old-si, 10:12.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The actual survey report and photographs, and results of the investigation and analysis of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. All circumstances, such as the fact that the degree of negligence of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is serious, reflects on the fact that the defendant, the purchase of an automobile comprehensive insurance policy, the agreement with the victim's bereaved family members, and the initial crime