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(영문) 대구지방법원 2018.11.22 2018고단4509

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 M& car.

On June 20, 2018, at around 16:40, the Defendant proceeded at a speed of about 41km per hour, depending on the side of both sides of E, which is located in Do in Busan Metropolitan City, at a speed of about 41km per hour, from both sides of the convalescent hospital to the side of the river.

Since there are crosswalks on the front side, there was a duty of care to prevent a person engaged in driving service from driving his/her vehicle in such a way as to reduce the speed of the vehicle and to properly operate the steering and steering gear well, thereby as to endangering and impeding the passage of other vehicles in driving.

Nevertheless, the Defendant neglected this and proceeded on the road by his negligence without reducing speed. The Defendant got the victim’s f (68 years old) driver’s bicycle left part of the two-lane, changing the two-lane left part of the two-lane, into one lane, to the right part of the said car, and got the victim to go beyond the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence on June 21, 2018, by causing the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral typhism at the Gyeong-do University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report and photograph of actual condition;

1. A death certificate;

1. Results of the traffic accident investigation and analysis;

1. Application of 7 copies of related photographs to Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year) (the period from April to one year) and the punishment is not imposed (including the serious efforts to recover damage);

2. Determination of sentence - Determination of sentence - The fact that a serious result of the death of a victim due to a defendant's occupational negligence has occurred - The favorable circumstances shall be recognized and reflected, and the victim's bereaved family members and the bereaved family members shall be desired.