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(영문) 대구지방법원 김천지원 2019.06.12 2019고단291
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a K5-car.

On January 18, 2019, the defendant driving the above car around 19:00, and driving the first line road near Kimcheon-si, Kimcheon-si, and driving the first line of the road into D-section from the shooting distance outflow in the Agpo road.

In such cases, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, by neglecting this, the victim E (the 73 years old) who was walking a road on the front side of the Defendant’s road from the front side of the road due to the negligence of neglecting it, and neglecting it, and neglecting it, received the part of the victim E (the 73 years old) in front of the car driving of the Defendant.

Ultimately, at around 19:43 of the same day, the Defendant caused the death of the above victim due to the shock shock, etc. from G Hospital located in the Gu-U.S. M. F on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, on-site photographs, and on-site verification photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 selection of

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special person] - the mitigated element of mitigation: [including a serious effort to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, imprisonment without prison labor for four to one year [the general person] mitigation element: subscription to the comprehensive motor vehicle insurance and no record of criminal punishment [the grounds for suspension of execution of sentence] - Major pride and no record of criminal punishment: In the case of death: The serious reflectiveness, the comprehensive motor vehicle insurance policy for motor vehicles.

3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended execution;

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