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(영문) 대구지방법원 2017.03.30 2017고단337
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 of B Poter cargo vehicles.

On September 24, 2016, the Defendant driven the above cargo vehicles around 21:00 and proceeded with the roads located in the 45th month in Daegu Dong-gu, Daegu-gu from the lower bank to the lower bank from the lower bank.

Since there are neighboring crosswalks where signal lights are installed, there was a duty of care to confirm whether a person engaged in driving service has a way to the surrounding area by reducing speed and by properly examining the right and the right of the road, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and received the victim C (61) who was a victim C (61) who was a road on the right side from the left side of the running direction of the Defendant due to the negligence of proceeding the vehicle stop signals.

Ultimately, the Defendant caused the victim to have the above occupational negligence in light of the above 23:32 day, and caused the victim's death in the Daegu Mati Hospital located in 99 in the Mao-gu, Daegu-gu, Daegu-gu, the same day to cause the victim's death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

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