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(영문) 대구지방법원 2018.10.18 2018고단3536
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a motor vehicle with sod motor vehicle B.

On July 17, 2018, the Defendant driven the above car at around 08:03, and led to the speed of about 68 km in the direction of the movable property at the speed of 28 km in the front 20th national highway C in front of the Cheongdo-gun, Cheongbuk-do.

Since there is a road where a central line is installed, a person engaged in driving of a motor vehicle has a duty of care to not proceed beyond the central line and to not proceed in the opposite direction.

Nevertheless, the Defendant, while driving a stroke, neglected to drive the stroke, strokeed the road at which the center line was strokeed, and strokeed by the Defendant’s fault, and strokeed the victim D (e.g., the age of 76) who was walking in the direction of the lower end of every day in the direction of movable property.

Ultimately, the Defendant caused the victim's death by occupational negligence in the above 08:16 day on the road at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on investigation (related to a statement by a wooden phone);

1. Application of Acts and subordinate statutes of a criminal investigation report (as to the attachment of copies of documents of current cases);

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 criteria for sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] the general traffic accident category 2 (accident of traffic accident) [the person subject to special mitigation] sentence under the mitigated sentence area (including efforts to recover damage), the conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relation, and circumstances before and after the crime, shall be determined by taking into account the following circumstances:

- The occurrence of a serious result of the victim's death by negligence of the defendant - the recognition and reflect of the crime, and the bereaved family members of the victim.

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