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(영문) 대구지방법원 2018.01.25 2017고단6157
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On September 30, 2017, the Defendant driven the above vehicle around 19:50 on September 30, 2017, and proceeded with D's front street from the military surface to the private distance from the military surface.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the suspect has been parked on the right side of the proceeding direction by negligence while neglecting it.

E The left-hand side of the Twit Cargo was received as the right-hand side of the car.

As a result, the defendant caused the death of the victim F(23) who was on board the defendant's car immediately after being divided into two parts.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes on video recording and video CDs;

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 ( favorable circumstances among the reasons for sentencing) of the suspended sentence (the following reasons for sentencing) / [the scope of recommendation / [the scope of recommendation ] general traffic accidents / [the range of four months and one year] mitigation area (including efforts to recover damage), / the decision of sentence / the decision of sentence / the defendant’s age, sex behavior, family relation, family environment, motive and means for committing a crime, circumstances after committing a crime, etc. / The decision of sentence ] all of the various sentencing conditions shown in the records and arguments of this case including the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means for committing a crime.

Unfavorable circumstances: The occurrence of the instant traffic accident caused by the Defendant caused a serious result of the death of the victim accompanied by the Defendant’s vehicle.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant.

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