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(영문) 대구지방법원 안동지원 2018.09.07 2018고단347
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 in Cknife.

On March 21, 2018, the Defendant driven the above car on March 21, 2018, while driving it on the road in front of the office of Pungsan-Eup located in the 99-ro of Pungsan-si in Ansan-si, which was going to the front of the office of Pungsan-si at the front of the Pungsan-si.

At the same time, it was difficult at night, and there was a place where pedestrians could pass on the side of the road because the building was constructed on the side of the road, so in such a case, a person engaged in driving motor vehicles had a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately manipulating the steering and steering gear.

Nevertheless, the Defendant neglected the duty of care at the front place and avoided the parked vehicle in the front place, but did not avoid the victim D(50) who was faced with the center line and was in the opposite place due to the negligence going beyond the opposite place, and did not avoid the victim D(50) who was in the opposite place, and charged the victim's body part with the front part of the driver's car.

Accordingly, the Defendant caused the death of the victim at the F Hospital located in Ansan-si E at around 19:55 on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement A and H;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, and report on the results of analysis of a traffic accident;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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

1. Where the sentencing criteria [the range of recommended punishment] [the range of recommended punishment] is not imposed in the area of special mitigation (two months to one year) (the area of special mitigation], and the victim is negligent due to the occurrence of traffic accidents or expansion of damage;

2. A person who has suffered damage due to the care of the defendant in the decision of sentencing; and

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