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(영문) 대구지방법원 경주지원 2017.05.10 2017고단71
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 of CPoter II cargo vehicles.

On December 27, 2016, the Defendant driven the above cargo vehicle around 00:20, the Defendant driven three-lanes on the 100-lane 100 km away from the west to the parallel distance from the west to the parallel of 50 km along the three-lane.

At the time, there was a duty of care to prevent accidents in advance by checking the surrounding traffic situation and safely driving by reducing speed and checking the right and the right of the driver at night.

Nevertheless, the Defendant neglected this and proceeded without examining the front side of the passenger car, and received the victim D (61) who was walking on the right side of the bend side of the bend side of the passenger car.

Ultimately, the Defendant caused the death at the Dong University race Hospital, which was located in 87, as Dong-si on December 27, 2016, around 01:0 on December 27, 2016 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, on-site investigation records, field photographs, body death records, autopsy records, and on

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. Application of the sentencing criteria [the scope of the recommended sentence] general traffic accidents in the range of two types (the death of a traffic accident) (the period between April and one year) (including the person subject to special mitigation] punishment not to be imposed (including the serious efforts to recover damage);

2. A serious consequence of the death of the victim was caused by a traffic accident due to negligence that caused the defendant's decision-making of sentence to neglect his/her duty of care at night.

However, the defendant is led to confession, the victim's bereaved family members and the defendant.

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