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(영문) 대구지방법원 김천지원 2018.02.27 2017고단1796
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 the Rab Rab Rabs.

On November 24, 2017, the Defendant driven the above 09:26, and got to turn to the upper elementary school from the first apartment of the Gosisi-si, the front road of the Gumi-si to the right from the upper elementary school.

At the time, there was a milch road at the time, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by reducing the speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to turn to the left while driving on the road while the qui of the above quipher while driving to the right, and due to the negligence of the driver, the Defendant received the victim D (the age of 49) who crossed the road using the front-hand crosswalk from the Defendant to the front-hand part of the right-hand side of the vehicle.

Ultimately, the Defendant caused the death of the victim in his job by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A H statement;

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

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes governing CCTV images;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;

2. The decision of the sentence was made by the defendant, who was driving on the road, led to the death of the victim who dried the crosswalk, because the string of the string who was driving by the defendant.

The results of the instant crime are significant.

However, the defendant depthed the crime of this case.

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