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(영문) 대구지방법원 2017.08.10 2017고단3253
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the duty of driving a sealed and three fluort vehicle.

On April 24, 2017, the Defendant driven a freezing vehicle around 08:20, and moved to the right bypass, if the Defendant was a person who was in the room of a restaurant with an old crd road in the city of Gyeongsan.

At the same time, a crosswalk without signal lights is installed, so in such a case, the driver of the vehicle has a duty of care to check whether there is a person who gets on the crosswalk as well as the right and the right and the right of the driver of the vehicle, and to accurately manipulate the steering direction and the brake system and prevent the accident in advance.

Nevertheless, by neglecting this, the Defendant was negligent in driving the bicycle on the left side of the direction of the Defendant’s proceeding, thereby getting the victim’s bicycle riding along the crosswalk (76 years old) in front of the said freezing.

Ultimately, the Defendant caused the victim to die by occupational negligence on April 28, 2017 from a F hospital located in Daegu-gu, Daegu-gu, to death with severe cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and closure photographs;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] (2) reduction area (4 months to 1 year) reduction area (including efforts to recover damage) [the person subject to special mitigation] - Decision of sentence] disadvantageous circumstances: the occurrence of serious results of the death of the victim due to the instant accident, the fact that the defendant has been punished several times for traffic-related crimes - favorable circumstances: The fact that the vehicle of the defendant driving has agreed with the bereaved family members, other than the comprehensive insurance coverage, that the defendant has reached an agreement with the bereaved family members.

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