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(영문) 대구지방법원 포항지원 2016.09.08 2016고단912

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on May 10, 2016, the Defendant driven D-Au Q5 car on the two-lane road in the north-gu, North-si, North-si, North-si, North-si, North-si, and proceeded along two-lanes from the direction of the port to the east of the East Sea.

At the time, it is night and where pedestrians are frequent, so in such cases, the driver of the vehicle has a duty of care to safely operate the steering system by accurately manipulating the steering wheel and the steering system.

Nevertheless, at the time of the Defendant’s negligence by neglecting this and proceeding, the victim E (the age of 80) crossing the road from the left side of the Defendant’s proceeding to the right side of the road was in front of the Defendant’s vehicle.

Ultimately, around May 10, 2016, around 23:05, the Defendant caused the victim to die due to multiple wounds, etc. at the 351 Posco in the South-gu Posco, Nam-gu, Posco at the Posco, Nam-gu, Posco.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] general traffic accident [the case where there is considerable negligence in the occurrence or expansion of damage caused by traffic accidents even to the victim under the special mitigation area (one year from February to one year without prison labor] [the case where a special mitigation is made] of Article 62-2 of the Criminal Act: The circumstances favorable to the death of the victim include the case where the victim is dead: The fact that the victim was at night due to an accident involving two-lane roads crossing the center line of the road at night, and the fact that there is no negligence in driving except for the case where the victim was negligent in performing his/her duty of care; the victim's bereaved family is agreed.