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(영문) 대구지방법원 영덕지원 2017.01.25 2016고단282
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 C M& car.

On November 17, 2016, the Defendant driven the above car at around 18:45 on November 17, 2016, and proceeded at an influent speed from the front side of the D-Won-gun's death to the sound-proof slope.

At the time, it was night and there are many approvals around it, so in such a case, there was a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle in preparation for the appearance of pedestrians who are engaged in driving service without permission.

Nevertheless, the Defendant neglected to do so and did not look at the front side of the vehicle in front of the driving of the Defendant, and received the physical parts of the victim E (61) who crossed the above road from the right side of the Defendant’s running direction to the left side of the road without permission.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim, such as the chill chill chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic chillic c

Summary of Evidence

Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which applies to the Criminal Defendant’s legal statement F, report on the occurrence of traffic accident in the police statement protocol against F, investigation report on the actual situation, accident scene photo, driver’s license register, tea inquiry, death inquiry, and criminal facts subject to the law, Article 268(1) of the Criminal Act, and Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents by the Selection of Punishment [Type Decision] The grounds for sentencing under Article 62(1) of the Criminal Act [Special Sentencing] Article 62(1) of the Act on Special Cases Concerning the Suspension of Execution of Traffic Accidents under Article 268(1) of the Criminal Act, the mitigated element of punishment [Recommendation and sentence] mitigated area (two months to one year) [Determination of sentence] [Determination of sentence] of mitigation area of punishment [Article 62(1) of the Criminal Act

However, the defendant's mistake is recognized.

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