(영문) 대구지방법원 서부지원 2018.05.16 2017고단2382

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(영문) 대구지방법원 서부지원 2018.05.16 2017고단2382

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 car in Cknife.

On March 24, 2017, the Defendant driven the above car on March 24, 2017, and led the front road in Daegu-gun D to run the front of the road in C, which was located in C, from the Cllwon-based flood slope to the Clwon-based amusement park.

In such cases, a person engaged in driving service has a duty of care to observe the front side and the left side and the left side, and to accurately operate the steering and brake system.

Nevertheless, the Defendant’s negligence caused the death of the victim F (54) who was her husband, while driving a vehicle without giving her attention to the right and the right and the right and the right and the right and the right are not neglected, by driving the vehicle at around 20 meters away from the floor, the above victim was able to get off the floor by driving the vehicle at approximately 20 meters, and the above victim fell from the floor. In March 24, 2017, at the Daegu-gu Nam-gu, Seoul Special Metropolitan City University Hospital, 17:05, a 33-lane, a 17-lane, which was a 33-lane, caused the death of the two external injuries.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, J, and K;

1. A report on investigation (fixs of CCTV images for crime prevention installed on the road at the place of accident) and a report on occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (The following circumstances are considered: (a) the Defendant is against the time of committing the instant crime; (b) the background leading to committing the instant crime; (c) the bereaved family members were in preference to the Defendant; (d) the Defendant has no particular criminal history other than one time prior to a fine; and (e) other

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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