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(영문) 대구지방법원 2017.05.25 2017고단1276
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of a rocketing car.

On August 15, 2016, the Defendant driven the above car at a speed of 19:58, and driven the road front of the current Heung School bus platform, which is located in 627, at a university of the pressure level at the time of Gyeongsan-si, at a level of 627, along the strong flow and the pressure outflow level, driven at an irregular speed, depending on two laness of the two lanes.

The driver of any motor vehicle has the duty of care to drive the motor vehicle safely by thoroughly operating the steering system, brakes and other devices of the motor vehicle in front and rear the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim D(45) who is under way on the two-lanes of the Mamamburg Road, which is located on the two-lanes of the Mamanburg Road, and served as a different fishing of the said car.

As a result, the Defendant caused the death of the victim from his job to two alleys, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a survey report, a response to a request for appraisal, a report on investigation (Attachment, etc. of vehicle black images);

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 of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) [the Special mitigated person] [the victim] also has been negligent due to the occurrence of traffic accidents or the expansion of damage, the court below's decision to punish the victim (including efforts to recover damage] [the decision to punish] the following circumstances and the defendant's age, sex behavior, family relation, family environment, motive and means of crimes, and circumstances after crimes, etc., shall be determined as the sentence of this case by taking into account the following circumstances, such as the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of crimes, etc.

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

A favorable condition: The defendant is the bereaved family members of the victim.

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