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(영문) 대구지방법원 2017.04.27 2017고단909
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 engaging in driving a rocketing car.

On December 13, 2016, the Defendant driven the above car at a speed of about 60 km from the direction of the four-lane to the four-lane road in the Daegu-gu Dong-gu, Daegu-gu. On December 13, 2016, the Defendant proceeded at a speed of about 60 km in the direction of the Daegu-gu airport.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check and drive the course safety by properly examining the right and the right of the front side.

Nevertheless, the Defendant neglected this and went into operation on the right side of the vehicle due to the negligence of the Defendant’s failure to cross the road at the right side of the road to the left side of the crosswalk, and the victim E (19C) who was in the vicinity of the center line was placed in front of the left side of the said vehicle.

As a result, the Defendant caused the death of the victim to a hospital at around 19:18 on the same day due to brain damage during the after-delivery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to a survey report and a postmortem protocol;

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 No. 2 (Death by Traffic Accidents) [the Special mitigated person] [the victim] also has been negligent due to the occurrence of traffic accidents or the expansion of damage, the court below's decision to punish the victim (including efforts to recover damage] [the decision to punish] the following circumstances and the defendant's age, sex behavior, family relation, family environment, motive and means of crimes, and circumstances after crimes, etc., shall be determined as the sentence of this case by taking into account the following circumstances, such as the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of crimes, etc.

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

A favorable condition: The defendant is the bereaved family member of the victim.

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