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(영문) 대구지방법원 의성지원 2017.11.09 2017고단170
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 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 vehicle in the amount of vehicle C.

On November 13, 2016, the Defendant driven the above vehicle at around 00:45, and driven the two-lane road in front of the oil station in the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, the Defendant proceeded along the two-lane road from the Daegu bank to the military airside.

At the same time, a crosswalk with on-and-off signal such as yellow lights is installed immediately before, and at the same time, the speed of 80km is at the speed of speed, and it was relatively difficult to view. In such a case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle has a duty of care to look at the front and right and right in detail, to observe the speed of restrictions, and to safely drive the vehicle by safely driving the vehicle due to proper reduction, etc.

Nevertheless, the Defendant neglected this and neglected to operate a speed of 104 km a speed exceeding 20 km a speed of 104 km a speed of speed on the front side of the course of the Defendant’s driving, which led to the Defendant’s driver’s failure to go beyond a speed of 52 km a speed of 104 km a speed to the left side and the left side of the driver’s driving.

Ultimately, the Defendant caused the victim’s death from the above occupational negligence, i.e., double-explosion, long-term damage, and brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a map on the scene of a traffic accident;

1. On-site photographs and photographs of carcasses;

1. A death certificate;

1. Application of the statutes as a result of traffic accident investigation and analysis;

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 fact that the reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, which resulted in a serious consequence, such as the death of the victim, etc. due to the instant traffic accident that occurred while the defendant was under continuous control, is disadvantageous to the defendant.

However, the defendant's mistake is recognized and reflected, and the defendant is the defendant.

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