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(영문) 대구지방법원 2017.02.28 2016고단6159

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 Clearning car.

On August 29, 2016, the Defendant followed the two-lanes of the two-lanes from the Daegu to the west, at the point of 300 meters away from the intersection after the Seosan church, which is located in the Dolsan-ri, Seosan-ri, Seocheon-do, Seocheon-do, Seosan-do.

In such cases, the driver had a duty of care to prevent accidents in advance by safely driving the former, the latter, and the left and right.

Nevertheless, due to the negligence of neglecting this, neglecting the Dog on the front bank and proceeding on the front bank of the road.

D Driving received the back portion of the E cchering season as the front part of the Defendant’s driver’s vehicle driving.

In the end, the Defendant caused the death of the Victim F (the age of 80) who was on the part of the Defendant’s driver’s flicking car due to the above occupational negligence caused the death of the victim F (the age of 80) due to the acute heart stop and the respiratory suspension on the job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to survey reports on actual condition and death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

The favorable circumstances: Family members of the victim want to take the action against the defendant.

The defendant is extremely mentally ill due to the death of the wife.