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(영문) 대구지방법원 경주지원 2021.03.17 2020고단887
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 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 car B 1.8 DOHC car.

On October 26, 2020, the Defendant driven the above car at a speed of about 30 to 40km from 10:10 on October 26, 202, while driving the 792 road along the racing-si, in writing, at a speed of about 30 to 40km.

At the time, the CA110 Obama, which was driven by the victim C( South, 74 years old) at the time, had a duty of care to safely operate the steering gear and brakes by reducing speed and accurately manipulatinging the steering gear and operating the steering gear by living well at the right and right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to find out the victim's ozone part, thereby resulting in the Defendant's fault in driving the Defendant's vehicle's front part of the Defendant's vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the F Hospital located in Sim-si, Young-si, 12:20 on the same day due to a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition investigation, and a death certificate of accident site photograph;

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. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the death of traffic accident (including the person subject to special sentencing]: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage), and April through one year without prison labor;

3. Determination of sentence: The fact that the result of the victim's death has occurred, and even though long-term (1982) or a disposition which has no right to prosecute (2018), but has history of causing a traffic accident;

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