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(영문) 대구지방법원 포항지원 2018.07.20 2018고단47
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 operates a bicycle.

On May 23, 2017, the Defendant driven a bicycle around 10:00, and got the bicycle to proceed to the new port from the leth of the death of the bicycle-only bicycle-only dedicated road adjacent to the Yecheon-gu, Seoul Special Metropolitan City, Yae-gu, Yacheon-gu.

There was a duty of care to prevent accidents by driving safely by checking the left and right of the bicycle driver.

Nevertheless, the Defendant neglected this and driven the bicycle-only way on the ground of the Defendant’s negligence, and caused the victim to go beyond the floor by shocking the part on the left side of the bicycle of the victim C(55 ) who driven a bicycle from the new harbor to the tent of the death of the bicycle.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence, such as 09:55 around June 3, 2017, while having the victim receive medical treatment at the Gandong Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A screen of a report on the occurrence of a traffic accident, an on-site photograph, a survey report on actual condition, a field photograph, a report on the results of the investigation and analysis of a traffic accident, and a screen to take

1. Application of Acts and subordinate statutes on a death report, a photo of a deceased person, or a postmortem examination report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] general traffic accident [the grounds for sentencing] shall be taken into consideration in favor of the fact that the accident occurred while driving a bicycle in the mitigated area (4 to 1 year) [the special mitigated person] [the sentence] is not agreed with the bereaved family members of the victim (the decision of sentence], the defendant is the primary offender, and the damage amount under the judgment of the first instance court of civil procedure is fully repaid.

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