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(영문) 대구지방법원 2017.03.09 2016고단6061
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a siren car.

On October 13:40, 2016, the Defendant driven the above car and proceeded with one lane in the Gyeongdong-gun, Gyeongbuk-gun, Gyeongbuk-gun, in the lux Eup's accounting room, from the luxan Eup to the luxan IC.

At this point, since the center line of yellow-ray is installed, there was a duty of care for the person engaged in driving service to thoroughly operate the entire city and to safely operate the car line.

Nevertheless, the Defendant, by negligence, driven the center line to overtake a large-scale truck in the number of unclaimed vehicles passing earlier, found the front wheelchairs of the victim D (n, 60 years old) driven at the opposite lane late, and operated the Hand to the left side to avoid this, but the Defendant did not avoid it, but did not go beyond the ground after the victim was able to go beyond the ground.

Ultimately, the Defendant caused the victim's death due to the above occupational negligence, such as cage cages and waste damage at the accident place in the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of statutes to copies of autopsy certificates;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of the Act on the Suspension of Execution [The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] 2 types of general traffic accidents (the scope of traffic accidents) [the person subject to special mitigation] / [the person subject to special mitigation] / [including efforts to recover from damage] / The sentence] - the fact that a serious result of the death of the victim caused by negligence that the defendant operated by breaking the central line has occurred - Other favorable circumstances: the victim's bereaved family and the defendant committed the crime at the beginning and late.

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