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(영문) 대구지방법원 상주지원 2019.05.14 2018고단412
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 a person who is engaged in driving a Patom car.

On September 15, 2018, the Defendant driven the above car at around 18:30 on September 15, 2018, and led to the left turn to the C apartment room in front of the fixed distance intersection of the apartment of the Gyeongcheon-gun, Chungcheongnamcheon-gun, Seoul.

At the time, the lower surface was sucked and there was a blind-distance signal installed, so a person engaged in driving a motor vehicle has a duty of care to make a left-hand turn after checking the right and the left-hand left-hand turn prior to the left-hand turn.

Nevertheless, the Defendant neglected this and neglected to turn to the left as it is, and instead, received the front part of the victim D(26 years old) driving, where the two-lanes of the private distance intersections of the Korean building from the Gyeongbuk-do Office, the two-lanes of the private distance intersections of the Korean building, from the Gyeongbuk-do Office.

Ultimately, on September 17, 2018, around 18:51 on September 17, 2018, the Defendant: (a) caused the death of a victim, who was under the after-patient treatment in the middle-patient E located in Daegu-gu, Daegu-gu, to the cerebral side due to the surgery due to the surgery under the climaticproba.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning G;

1. Application of Acts and subordinate statutes of death certificate (D);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [special sponsers] - The elements of mitigation: Inspons (including serious efforts to recover damage) [the area of recommendation and the scope of recommendation] mitigation area, and credit cooperatives.

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