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(영문) 대구지방법원 2018.09.06 2018고단3202
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car at the fourth time.

On May 2, 2018, the Defendant driven the above car at around 21:26, and proceeded along the two-lanes between the four-lanes in Seoul direction, at a point of 140km from the Gyeong-gu, Daegu-gu, Geumho-dong.

At the same time, there was a duty of care to reduce the speed to those engaged in driving business, to well look at the right and the right, and to accurately manipulate the steering direction and the system, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim to go beyond the ground as the front part of the No. NAS car, which was driven by the victim C(74) driver's broom in the front direction of the course, and the car stopped by the driver's vehicle and glick car, and did not discover the victim who was sent a traffic signal to the vehicle after the car and glick car.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of the serious suspension of credit caused by duplicating cages at the University Hospital of Gidong-gu, 22:38 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. E statements;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (accidents resulting from traffic accidents), the area of special mitigation (from April to one year) (person subject to special mitigation) is not subject to punishment;

2. The defendant's negligence in the decision of sentencing led to a result that he could not take care of the victim's death even though he was the victim's death.

However, the defendant's mistake is recognized.

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