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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2345
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 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 vehicle B with low investment.

On September 19, 2016, the Defendant driven the above car at around 20:15, and led to a two-lane road from the Daegu to the 91km along the two-lane parallel between the Sungju-gun and the Sungju-do, located in the crew side of the Sung-gun, Sung-gun.

At the time of night, there was a bridge with a speed of 60 km a speed of 60 km a hour, and thus, the driver of the motor vehicle had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear while complying with the speed limit.

Nevertheless, the defendant neglected this and tried to find late the Track drive by the victim C (61 cc) who was driving on the same 31 km speed above the speed of 31 km per hour, and to avoid it. However, the defendant did not avoid it and did not get out of it, and caused the Track to fall down on the left side of the bridge by using the back part of the Tracker as the front part of the vehicle of the defendant's vehicle.

After all, the Defendant caused the death of the victim due to the above occupational negligence, resulting in the death of the victim due to the pulmonary suspension due to the following water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (the calculation of speed by the skiing mark);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to 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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the negligence is recognized and the attitude against the fault appears, the vehicle involved in the accident is covered by the comprehensive automobile insurance, and the bereaved family members are not punished against the defendant as agreed with the bereaved family members of the victim);

1. The Criminal Act;

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