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(영문) 대구지방법원 김천지원 2020.05.14 2019고단1696

교통사고처리특례법위반(치사)

Text

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

except that the execution of the above punishment shall be suspended for 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 B-learning car.

On June 25, 2019, the Defendant driven the said car at around 16:10, and led to the driving of the said car, following two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two roads in Nowon-si,

Since there is a center line, there was a duty of care to thoroughly operate the vehicle in front and safely by maintaining the vehicle line.

Nevertheless, the Defendant neglected this and led the victim to go beyond the right side of the said car by shocking the part of the FCI100 motorcycle hand hand, which was driven by the victim E (the aged 81) driving in the opposite direction by the negligence going beyond the median line and going beyond the center line, and led the victim to go beyond the opposite direction.

As a result, the Defendant suffered from the Defendant’s occupational negligence that requires approximately six weeks’ medical treatment to the victim, and the Defendant suffered from the frame of the training team, and the same year.

9. 2. Around 09:04, at the H Hospital located G in the Gyeong-si, Chungcheongnam-si, North America caused the death of waste caused by duplicating aggregate in the middle-patient room.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and an accident site photograph;

1. Application of Acts and subordinate statutes to medical certificates, death certificates, and general medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence;