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(영문) 대구지방법원 2017.06.15 2017고단804
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for nine 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 DPoter II cargo vehicle.

Around 08:40 on November 14, 2016, the Defendant driven the above cargo vehicle and driven the front road of Yongcheon-si with the right-hand side from Youngcheon-si to the right-hand side without looking at the right-hand side of the front while driving the road from Youngcheon-si, and did not avoid the victim F who walked to the left side from the right-hand side of the said road, and received the victim from the front part of the said cargo vehicle, and caused damage to diversifiedness, and caused death while receiving treatment at the H hospital emergency room located in Youngcheon-si, Young-si. 10:38 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report, on-site photograph, investigation report (a death diagnosis report and a report on bereaved family's statement shall be attached);

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 of mitigation (from April to one year) (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.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

The degree of violation of the defendant's duty of care is not easy.

The defendant agreed to the victim's bereaved family members and the victim's family members.

The defendant shows a attitude against his mistake.

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