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(영문) 대구지방법원 김천지원 2018.04.26 2017고단1903
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On September 14, 2017, around 06:30, the Defendant driven a D-Adidi-car on D-Adi-si, and led the front of the F-U.S. E to the U.S. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P., the Defendant, at the

In this case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle line.

Nevertheless, the Defendant neglected to do so and was driven by the victim G (61 tax) driven by the opposite tea line due to the negligence of breaking the central line at the right hub point, which was driven by the Defendant’s vehicle G (61). The Defendant received full parts of the left-hand side of the H New Daily or the car driving by the Defendant, which was driven by the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the J Hospital located in Gu-U.S., 07:20 on the same day from the J Hospital located in Gu-U.S., to be cage cages.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to K and L;

1. Notification of the results of analysis of traffic accident scene photographs, traffic accident investigation reports, and traffic accident reports;

1. Application of Acts and subordinate statutes to death certificates (G);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 2 (person subject to special mitigation] and penalty not exceeding [the scope of recommended punishment], the area of mitigation of punishment by imprisonment without prison labor for not less than four months and not more than one year;

2. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing shown in pleadings, such as the fact that a serious result of the death of the victim who was sentenced to the sentence has occurred, that there has been an agreement with the bereaved family members of the victim, that there has been no previous conviction except for the one-time fine, the age, sex, environment, family relationship, circumstances after the crime, etc.

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