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(영문) 대구지방법원 2017.04.27 2017고단267

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

The defendant is a person who is engaged in driving a C-Scar car.

On December 13, 2016, the Defendant driven the above car on December 19:53, 2016, and led the Defendant to drive the said car with an intersection of 37, South-gu, Daegu-gu, in the direction of the first management office, in the direction of the management office.

In such cases, the driver had a duty of care to prevent accidents in advance by safely driving the former, the latter, and the left and right.

Nevertheless, the victim D (the 45 years old) who was negligent in neglecting this, neglected to do so and fluently proceeding, was placed on the road by taking the victim D (the 45 years old) into the front part of the left-hand side of the Defendant's driving, and continued to go beyond the road, and the victim's bridge side was the front part of the left-hand side of the Defendant's driving.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on December 28, 2016 at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu-gu, Daegu-ro, 170, resulting in the death of the victim due to cerebral cerebral cerebral cerebral cerebral tyty.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the recommended sentence] General traffic accident [the grounds for sentencing] Article 62-2 of the Criminal Act : (a) the mitigation area (4-1 year) / [the person with a special mitigation] / [including efforts to recover damage] / the sentence / the sentence / the unfavorable circumstances : The fact that the serious result of the death of the victim of the instant accident occurred - The favorable circumstances occur - the defendant separately agreed with the bereaved family of the victim in addition to the comprehensive insurance. The defendant was punished once as a fine for a violation of the Road Traffic Act in 202.