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(영문) 대구지방법원 2016.04.21 2016고단671
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D's car.

On January 1, 2016, around 18:25, the Defendant driven the said car at a speed of about 50km per hour, depending on the road of the City of Cheongdo from the Cheongcheon-si to the Cheongdo-do-do-do-do-do-passing side.

At that time, there is a road be a bend and a pedestrian walking along the side of the road on the front side, so there was a duty of care to drive the person engaged in driving service to reduce speed and accurately manipulate the brake and steering gear in a safe speed and manner.

Nevertheless, the Defendant neglected to do so and did not avoid the Victim G (which was 83 years old) who was lying on the ground of the foregoing road, due to the negligence of the Defendant’s neglect and going on as they were, and the Defendant was placed on the right side of the car driving. The Defendant was placed on the front side of the car driving.

Ultimately, around January 1, 2016, around 19:35, the Defendant caused the death of the victim, who was receiving treatment at the Young-gu University located in 10, Young-gu, Youngcheon Hospital located in the university, and at the Youngcheon Hospital located in the university, from the occupational negligence as seen above, due to the alley between the right edge and the right mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

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