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(영문) 대구지방법원 2018.01.25 2017고단6245
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 one year 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 wheelchairs bicycle.

On September 23, 2017, the Defendant driven the above bicycle around 15:20 on September 23, 2017, and driven the two-way road for pedestrians and pedestrians in the Nowon-gu Nowon-gu Nowon-gu Nowon-gu, Daegu, under the speed of about 20 km from the side of the street.

In such cases, the driver has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and duty of care to operate the bicycle accurately.

Nevertheless, the defendant neglected his duty of care on the front side of the victim B (V, 75 years old) who walked on the front side of the defendant bicycle by negligence, was the front part of the defendant's bicycle driving.

Ultimately, on September 27, 2017, the Defendant caused the death of the victim from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at the Gyeong-gu University Hospital, Daegu-gu, 130.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A death certificate;

1. Application of Acts and subordinate statutes to survey reports on actual conditions and investigation reports (the details of roads on the site of accident);

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 (hereinafter the grounds for sentencing) of the suspended sentence [the scope of recommendation] The ground for sentencing under Article 62(1) of the Criminal Act / [the scope of recommendation] the range of general traffic accidents (two to one year) / [the special mitigated person] / the accident, punishment non-won (including efforts to recover damage) caused by the operation of a bicycle / [the sentence] / the decision of sentence] the following circumstances, the defendant's age, sexual behavior, family relation, family environment, motive for and means of the crime, circumstances after the crime, etc., and the various kinds of sentencing conditions shown in the instant records and arguments, such as the following circumstances, shall be determined as the sentence.

A disadvantageous circumstances: A bicycle due to the instant traffic accident that the defendant caused while driving a bicycle.

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