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(영문) 대구지방법원 안동지원 2017.03.31 2016고단984
교통사고처리특례법위반(치사)
Text

1. The punishment of a defendant shall be determined by a credit cooperative for ten months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B car volume.

On November 20, 2016, the Defendant was running in the direction of election from the direction of Pung Eup to the second line road in front of the Punggi High School located in the Sunggi-ro, a gold-si city, at a permanent residence of around November 20, 2016.

Since it is a road where a central line is installed, a person engaged in driving service has a duty of care to keep the vehicle line well and not drive beyond the central line.

Nevertheless, the Defendant neglected this and got the victim C (75) to go beyond the median line, and got the part of the left-hand hand of the damaged gate on the right-hand side of the Defendant’s vehicle, thereby causing the victim’s death by shocking the part of the damaged gate to the right-hand side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a report on the actual situation, a survey report on the scene of an accident, a photograph of the scene of an accident, a death certificate, a autopsy report, photographs, a postmortem report, a check-up certificate, a body and personal belongings, a copy of a resident registration certificate, and the ledger of

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of punishment recommended: Four months to one year without prison labor;

2. The instant crime that was determined to be sentenced is highly likely to be subject to criticism in light of its circumstances, degree of breach of duty of care, results, etc.

This is an unfavorable circumstance to the defendant.

The defendant is the first offender, and after reporting his own accident, all of the crimes of this case to investigation agencies and this court consistently.

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