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(영문) 대구지방법원 안동지원 2017.06.02 2017고단162
교통사고처리특례법위반(치사)
Text

1. The punishment of a defendant shall be determined by a credit cooperative for six months;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a Lone Star Co., Ltd.

On February 3, 2017, the Defendant driven the above vehicle on around 02:23, and proceeded with the 34th national highways in Sadong-si, Sadong-si 241 in Sadong-si 241, to the Si-si 80km of Si-si.

At the time, it was at night, and there was a duty of care to safely operate the steering gear and brakes by reducing speed and properly manipulating the steering gear and brakes in a manner that the driver is well aware of the right and the right and the right and the right and the right of the driver.

Nevertheless, the defendant was living on the road due to a traffic accident in front of the road while driving without reducing speed.

C The victim D(34 ) who was at the center line near the rash vehicle due to the negligence that found the rash vehicle and failed to properly operate the steering gear and operating operation system, etc., was placed on the left side of the front rash of the rash vehicle.

Ultimately, at around 22:24, the Defendant’s occupational negligence caused the death of the victimized person at the Dong-dong Hospital within the 11stm of the same day due to cerebral blood and the chilling of the departure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the investigation, a field photograph, and a photograph to each take-off, each of the 112 reported cases, the details of the processing of the first-aid services activities, a death report, a death report, a next-round inquiry, an appraisal report, and a report on the results of field identification;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommendations: Imprisonment without prison labor;

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