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(영문) 대구지방법원 안동지원 2017.03.31 2017고단35

교통사고처리특례법위반(치사)

Text

1. The punishment of a defendant shall be determined by a credit cooperative for ten months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a tourist bus B.

On October 22, 2016, the Defendant, at permanent residence around 14:00, led to a mountain law distance located in the Pungpo-Eup located in the Pungpo-Eup, leading directly from the side of the Gungdong Park to the shooting distance of the Pungpo-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side and drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and found that the victim C (69) who was driving from the east side of the east side of the east side of the east side of the damaged vehicle driving from the mountain legal doctrine to the east side of the east side of the east side of the damaged vehicle.

At around 05:00 on December 27, 2016, the Defendant caused the victim's death by negligence in the above occupational negligence, from E hospital to a long-term side of the cardiopulmonary part and a low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a traffic accident report, death certificate, autopsy report, corpse, receipt of money and valuables in possession;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of punishment recommended: Four months to one year without prison labor;

2. As to the instant crime, the determination of sentence is not against the nature of the offense in light of the outcome thereof, etc.

Although the Defendant had committed a crime several times including three times of traffic-related criminal history, the Defendant committed the instant crime. This is an unfavorable circumstance to the Defendant.

The Defendant confessions all of the crimes of this case and reflects them.

A bereaved family representative G, a victim's child, shall be the victim's family member G.