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(영문) 대구지방법원 포항지원 2017.02.02 2016고단1740

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

On October 28, 2016, the Defendant driven a rocketing taxi around 21:00, and was proceeding the front of the road in North-gu D at the port at the port from the north-gu to the front of the shooting distance.

In such cases, a person engaged in driving service has a duty of care to safely drive the steering gear, operation system, etc. by checking the safe way of driving and accurately manipulating the steering gear, operation system, etc.

However, the Defendant neglected to do so and found the FF Round car parked on the right side of the Roman road due to the breakdown of the vehicle on the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the vehicle.

Ultimately, the Defendant caused the death of the Victim G (54) who was on board a rocketing car due to the foregoing occupational negligence by the Defendant at around 22:05, around October 28, 2016, to the circulpted code by the rewing voltage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. A survey report on actual conditions;

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

1. Relevant Acts 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 the selection of imprisonment without prison labor;

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommendation] for the reason of sentencing in Article 62-2 of the Criminal Act [the grounds for sentencing [the scope of punishment] for the second type of general traffic accident [the person subject to special mitigation] [the person subject to imprisonment without prison labor for not less than four months or one year] for the mitigation area (including efforts to recover damage] [the sentence] for the victim's death]: circumstances favorable to the victim's death; the victim's bereaved family members have agreed to pay a agreed amount; Defendant's vehicle is admitted to the mutual aid association; Defendant's vehicle is expected to be able to pay damages; Defendant's vehicle is expected to have no particular negligence in driving other than neglect of the duty of ex officio; 42 years ago.