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(영문) 청주지방법원 영동지원 2017.09.21 2017고단79
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 is engaged in driving a DM7 car.

On May 24, 2017, the Defendant driven the above car at around 17:50 on May 24, 2017, and moved back from the side of the convenience community center for the convenience of the Pung-gun, Chungcheongnam-do.

In this case, the driver of the vehicle has a duty of care to properly see the backside and the left and right of the vehicle and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 85) who walked from the rear side of the said passenger vehicle to the direction of the Defendant's proceeding and the opposite direction, but did not discover the victim E (the age of 85) and had the victim receive the back part of the said passenger vehicle and got the victim go beyond the floor, and imposed the victim's right part of the victim's right part with the rear side of the left side.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the middle-gu Jung-gu, Daegu District University Hospital located in 130, 130, where transmission treatment was conducted after around 04:35 on May 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident, on-site photographs, on-site verification photographs, victim photographs, and black stuff photographs;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

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

1. The scope of recommended punishment according to the sentencing guidelines [type determination] shall be limited to the range of recommended punishment [referring to the area of recommendation and sentence], the area of mitigation of punishment (including serious efforts to recover damage], the area of mitigation of punishment, and the area of imprisonment without prison labor for not less than four months but not more than one year;

2. Determination of sentence (unfavorable circumstances) was negligent in neglecting the duty of the defendant to follow on the future.

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