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(영문) 대구지방법원 안동지원 2019.01.25 2018고단681
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in the SP area B.

On September 3, 2018, the Defendant, at around 05:40 on September 3, 2018, driven the said car and proceeded to the left at the front of the DPG charging distance, which is located in Ansan Dong-dong-dong-si, and neglected to perform the duty of front-time care at the seat of E Hospital, and went to the left at the seat of F apartment, and caused the victim to go to the ground by neglecting the safety zone installed near the central line due to the occupational negligence of the victim G (n.e., the 76 years old) who was faced with the safety zone installed near the central line.

Ultimately, at around 09:40 on the same day, the Defendant caused the death of the victim at an I Hospital located in Ansan-si H on the same day due to brain dye, pule shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and a protocol of inspection;

1. A death certificate;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes to photographs of dead bodies;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing sentencing criteria [Scope of Recommendation] General traffic accident Type II (Death resulting from Traffic Accidents) (4-1 year) (special mitigation) and no penalty shall be imposed;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

However, the defendant recognizes his mistake and is against his will.

The defendant's vehicle is covered by the comprehensive automobile insurance, and the defendant paid 50 million won to the bereaved family members of the victim.

There is no criminal record for the defendant and there is no record of punishment heavier than that for suspension of execution.

In addition, the defendant's age, character and behavior, environment, circumstances of crime, and circumstances after crime are examined.

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