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(영문) 대구지방법원 2017.07.13 2017고단1961
교통사고처리특례법위반(치사)
Text

A defendant shall be punished by imprisonment for not less than 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 Obaba in C.

On January 8, 2017, the Defendant driven the upper obaon around 14:45, and led to a five-lane road in front of the E Hospital in Daegu Suwon-gu, to go about about 130 km each hour from the long-distance gate of the ancient city to the seat of the children's hall, depending on three-lane.

At that time, the road was located 60 km a speed of 60 km a hour, so in such a case, there was a duty of care to observe the speed limit as well as to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and driven at a speed exceeding 70 km per hour and neglecting the front city, and caused the Defendant to go beyond the road by taking the bicycle left side of the victim F F (F, 77 years old) who was riding a bicycle on the water-gu civil sports ground in the offside of the E hospital in the crosswalk knife of the crosswalk, with a view to the negligence of driving the restricted speed exceeding 70 km per hour and neglecting the front city.

As a result, the Defendant caused the death of the victim by occupational negligence at the Gyeong-gu, Daegu District University Hospital, 130, which was under the influence of transmission after around 19:55 on January 16, 2017, in a multi-long period of time at the time of the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions, an accident scene photograph, a death diagnosis report, a vehicle-type inquiry report, an internal investigation report (the results of the analysis of traffic accidents of the Road Traffic Authority), and an investigation report (the confirmation of the fact that the size is 60 km at a speed of 60 km);

1. Application of CCTV-recording video CD-related Acts and subordinate statutes;

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 (a favorable circumstances among the reasons for sentencing) is [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution, and the reason for the sentencing [the scope of recommendation] is also the victim of the mitigation area (4th to 1 year) (a special mitigation (a special mitigation).

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