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(영문) 대구지방법원 2016.11.17 2016고단4277

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On August 15, 2016, at around 18:10 on August 15, 2016, the Defendant moved to find parking spaces in the E-art parking lot located in Daegu Northern-gu D and continued to turn to the left.

It is a place where a large number of marina users move, so a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear.

Nevertheless, the defendant neglected to turn to the left as it was due to the occupational negligence of the defendant's proceeding, and left from the right side of the defendant's proceeding, the part of the victim F (the age of 61)'s side back to the right side of the victim F (the age of 61) is divided into the front side of the left side of the above A half-hurg-hurg, and the victim got the head side of the victim to go beyond the victim, and the victim was the victim to go to the floor of the head. On August 20, 2016, at H Hospital located in Daegu-gu G, Daegu-gu, the victim caused the death of the thalophosis due to the ero

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents (Type 2 (Class 4-1) (Class 4-1) (Special Mitigation) (Article 62(1) of the Act on the Suspension of Execution [including serious efforts to recover damage] / [Pronouncement decision] The occurrence of the serious result of the death of the victim due to the instant traffic accident, but the defendant does not wish to punish the defendant separately by mutual consent with his/her bereaved family members, except where the vehicle of the defendant driving is covered by the comprehensive insurance.