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(영문) 대구지방법원 2017.11.30 2017고단4508
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B SP car.

On May 15, 2017, the Defendant driven the said car at around 21:13, the Defendant driven the said car, which led to a two-lane road in front of the water supply business office in Nam-gu, Nam-gu, Nam-gu, Daegu, the two-lane road in front of the water supply business office in Nam-gu, Nam-gu, Seoul, and the two-lane road in front of the water supply business office in front of the Nam-gu, Nam-gu, Daegu, the four-lane four-lane four-lane

Any person who is engaged in driving of a motor vehicle shall accurately operate the steering direction, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and have a duty of care to prevent accidents from spreading.

Nevertheless, the Defendant neglected to do so and found the victim C (IS 71) who was unauthorized to cross the road on the right side from the left side of the running direction of the car at the time-mast and down to the right side of the car, and shocked the above vehicle to the road by shocking it over the front door of the vehicle.

Ultimately, due to the shock, the Defendant caused the victim to die in the emergency room of a university hospital in the Ganbuk-do, and caused the victim to die in low-blood shock shocks caused by 09:26 around the following day, 09:26 alleys, cerebral transfusions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A death certificate;

1. Application of the Act and subordinate statutes on fact-finding survey report and accident scene photographs;

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 (the conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing] where there is a substantial fault on the occurrence of traffic accidents or the expansion of damage to the victim in the area of special mitigation (the period from February to 1) (the period from February to February).

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