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(영문) 대구지방법원 김천지원 2018.02.20 2017고단1774
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On August 31, 2017, the Defendant driven the above cargo vehicle around 19:45, while driving the D direct plate in Kimcheon-si, Kimcheon-si, and driving the two-lane road in front of the D direct board board in Kimcheon-si, along one-lane, toward the flow of the breadth from the yellow breadth.

At the time, it was night and there was a frequent road for pedestrians to walk, so in such a case, there was a duty of care to prevent accidents in advance by driving safely such as reducing speed and sprinking down well.

Nevertheless, the Defendant neglected to perform the duty of Jeonju, and was negligent in proceeding with the Defendant, and the victim E (the age of 82) who crossed the above road was faced with the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the victim to die due to such occupational negligence in the 22:29 Daegu Jung-gu University Hospital located in 130, Jung-gu, Daegu-gu on the same day due to the decrease in the amount of credit blood, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A fire-proof report (limited to attachment of CCTV images);

1. A death certificate;

1. Application of the Acts and subordinate statutes on photographs and CCTV images by cutting off the scene of an accident, CCTV in the I merchants' association;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents of Type 2 (Death or Injury of Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation factors) (special mitigation factors) where the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage, no penalty surcharge shall be imposed;

2. The defendant who has rendered a sentence shall make a traffic accident while driving an automobile;

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