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(영문) 대구지방법원 2017.08.01 2017고단2873
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 CPoter II 1ton cargo vehicles.

On March 28, 2017, the Defendant driving the above vehicle around 18:30 on March 28, 2017, and driving the two lanes in front of the South-dong community service center located in the 68 Gyeong-dong, Busan Metropolitan City border zone, the two lanes in front of the Gyeong-dong community service center, at the Gyeongsan elementary school level to 56 km in speed.

The driver of any motor vehicle has a duty of care to safely drive the steering system, brakes, and other devices accurately.

Nevertheless, due to the negligence of neglecting this, the Defendant, while driving a two-lanes of the two-lanes of the Do-do 2 from the Gyeongsan High School to the Gyeongbuk High School, conflict with the part of the bicycle left side of the victim D (V, 62 years old) who changed the lanes into the first lane.

As a result, the Defendant caused the victim to die by cerebrovassis from the emergency room of the F Hospital in Gyeongsan-si, where the victim was under the treatment for transmission after around 19:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident [the scope of the recommended sentence] in the case where there is a considerable fault for the occurrence of traffic accidents or the expansion of damage to the victim (the victim of April to one year] in the mitigated area (the victim of special mitigation [the sentence] (the decision of sentence] as follows, and the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sexual behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc. are taken into account.

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

The defendant.

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