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(영문) 대구지방법원 김천지원 2016.12.14 2016고단1272

교통사고처리특례법위반(치사)

Text

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

However, 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 Cone Star Vehicle.

On April 13, 2016, at around 04:45, the Defendant continued the two-lane road in front of the E Hospital, Kimcheon-si, Kimcheon-si, the two-lane road in front of the Kimcheon-si, at the seat of the Kimcheon Police Station, at approximately 50km in Si speed, depending on one-lane as the seat of the Kimcheon Cultural Institute.

At the time of night, it was difficult to dump the surface while the front door of the road was flowed, and the front door of the road was a three-distance intersection without signal lights. In such a case, there was a duty of care to reduce the speed of the driver and to drive the vehicle safely by making the front door and the left door well.

Nevertheless, the defendant neglected his duty at the front time and caused the victim to go beyond the road by collisioning the victim F, who illegally crossed the road on the right side from the left side of the direction in which the defendant is driving, with the front part of the vehicle driving.

Ultimately, at around 04:54 of the same day by occupational negligence, the Defendant caused the death of the victim due to cerebral cerebral injury and abundance of the open body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to investigation reports (referring to the results of handling defense accidents, and copies of proposing instructions, etc.);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In the event that the victim was negligent in the occurrence of a traffic accident or the expansion of damage due to the special mitigation area (two to one year) of the two types of general traffic accidents (the death of a traffic accident) (the special mitigation area), the sentencing guidelines [the scope of recommendation] for sentencing under Article 62-2 of the Criminal Act, the damage caused by the failure to punish the victim.