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(영문) 대구지방법원 안동지원 2018.05.04 2017고단865
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of Bchip motor vehicles.

On September 22, 2017, the Defendant driven the above car at around 23:00, and continued the front road at the time of Ansan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

The location was a road that has no one lane and needs to change the lane into a two-lane, and the weather of the time was clear, and there was no obstacle to view it on the front side. Therefore, in such a case, there was a duty of care to safely drive the steering system by securing the view, lowering the speed, reducing the speed, and accurately operating the steering system and the steering system.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear and brakes without examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the driving of the above road is caused by negligence by driving the victim D (59) who walked on the above road. The victim D (59) who walked on the above road in front of the right and the right and the right and the right and the right and the right are exceeded the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the F Hospital located in Ansan-si E in the same day at around 23:55 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 notification of the results of traffic accident reporting, on-site photographs, autopsy records, death diagnosis reports, and traffic accident investigation and analysis;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] shall not be subject to the punishment of two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year).

2. The driving by the decision of the sentence of sentence and vice versa; and

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