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(영문) 대구지방법원 포항지원 2016.11.10 2016고단1148
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

On July 13:35, 2016, the Defendant driven a B digging pool on July 13:35, 2016, and proceeded with D's front road in South-gu C at the port of Pohang-si, Ocheon-gu, Ocheon-do.

At the same time, there was a person walking along the edge of a road at the front of the road, so the person engaged in the driving duty has a duty of care to live well on the right and the right of the road, and to prevent the accident in advance by safely driving.

Nevertheless, the Defendant neglected this and got the victim E (the age of 58) who walked on the right side of the course of the digging search by negligence, with the front right side of the digging search season of the Defendant.

Ultimately, at around 01:55 on July 9, 2016, the Defendant caused the death of the victim due to brain damage caused by cryposis and cerebral cerebral dypology while being treated at the Pospian hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a General Traffic Accident [Scope of Recommendation] The area of mitigation (including a person who has been specially mitigated from April to one year without prison labor) / [including a serious effort to recover damage] : Normal circumstances that are favorable to the death of a victim: The fact that there was no other negligence in driving except that the defendant neglected his/her duty of care in advance; the victim's bereaved family has agreed to pay a agreed amount; the vehicle operated by the defendant is covered by comprehensive insurance; damage can be repaid due to the defendant's comprehensive insurance; the fact that the defendant's vehicle is recognized for the crime; the defendant reflects mistake; the defendant has no previous conviction; and the records are revealed, other than the above circumstances, such as the defendant's age, character and behavior, environment, and circumstances before and after the crime.

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