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(영문) 대구지방법원 2017.01.24 2016고단5865
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 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 Puratom car.

On September 25, 2016, the Defendant driven the said car at around 23:30, and continued to drive the said car at around 71-5, a three-lane Do road in front of the modern loan, which is located in the 71-5, Seo-gu, Daegu, Nowon-gu, Seoul, in accordance with one-lane.

At night, in such a case, the driver had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the steering system with the driver's right and the right and the right.

Nevertheless, the Defendant neglected this and found the victim D (e.g., age 74) who was unclaimed from the right side of the Defendant’s driving direction without permission from the Defendant’s driving direction to the left side, and immediately operated the Hand to the right side to avoid this. However, the Defendant did not avoid it, but did not go beyond the ground by receiving the victim from the left-hand part of the Defendant’s driving car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Daegu Dong-gu, Daegu-gu, on September 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) [the Special mitigated Persons] [the victim] also committed considerable negligence in the occurrence of traffic accidents or in the expansion of damage, the records of this case, including the defendant's age, sex, family relation, family environment, motive and means of crime, circumstances after the crime, etc. (including efforts to recover damage).

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