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(영문) 대구지방법원 안동지원 2017.03.31 2016고단1004

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 of a private taxi B-5.

On October 10, 2016, the defendant, around 19:05, the national highways No. 5 located in Ansan-si, Dong-si, National Highway C, which had been executed from Sung-gun's waters to Andong-si.

A person who drives a motor vehicle has a duty of care to maintain a sufficient safety distance while driving the motor vehicle well, and to prevent accidents by safely driving the motor vehicle, if there is a prior vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with it by negligence before Mail.

D Track part of the track, which is the compact driven by D, conflicts with the front part of the Defendant’s vehicle, and due to the shock, the Track and Track conflict with the victim E(44 years) who was driving on a one-lane road and was driving on a one-lane road, and caused the victim to die due to serious cerebral injury, etc. in that place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a report on actual condition investigation (including photographs), a written evidence at the time of postmortem examination, a protocol of postmortem examination, a corpse, and a check of personal effects;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is likely to be subject to criticism in light of its circumstances, degree of violation of duty of care, result, etc.

This is an unfavorable circumstance to the defendant.

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

There is no record of criminal punishment for the defendant, except for a fine imposed once in 1975.

G, the bereaved family of the victim, does not want the punishment of the defendant under the agreement with the defendant.

This is favorable to the defendant.