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(영문) 대구지방법원 경주지원 2018.05.24 2018고단232
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA motor vehicle.

On December 16, 2017, the Defendant driven the above car at around 20:05, while driving it on December 16, 2017, the Defendant proceeded at the speed from the south to the coast along the 1-lane 1 road above the 1-lane in the cooling-ri 904, the East-gu, U.S. Free International City.

At the time of night, in such a case, the driver had a duty of care to prevent accidents in advance by safely operating the steering gear and steering the steering gear in a correct manner.

Nevertheless, the Defendant neglected to do so and went on as is, instead of negligent negligence, received the victim's body part of the victim E (the 72 years old) who was walking along the coast from the south side of the road along the direction of the running of the car above the above side of the car above the other side of the road, and went beyond the floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Dong University race Hospital located in 87 of the same day as the 22:03 of the same day by the death of the victim due to the heart division due to the blood transfusion and the heart blood transfusion during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a 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. The life of the reason for sentencing of Article 62(1) of the suspended sentence under the Criminal Act is a noble value that cannot be altered in what way, and if the defendant paid a more attention, he could have prevented such a significant result.

In addition, the instant crime was committed during the period of suspension of the execution of official duties.

However, confessions and reflects, and at the time of the accident.

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