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(영문) 대구지방법원 2017.12.14 2017고단5895
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 driving a car at C.

On August 27, 2017, the Defendant driven a car around 05:45, the 05:45, and driven the Do road in front of the Gyeongsan-si in the Gyeongnam-si. The Defendant driven the Do road in front of the Gyeongnam-si in the two-lane way to the girst of the month in front of the e-mail.

In this case, the driver has a duty of care to operate the driver by making a person engaged in the driving at an intersection without signal, etc. or temporarily stopping his/her right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the defendant was negligent in failing to perform his duty at the front of the driver's vehicle and received the front part of the right side of the victim E (32 Do) without a license plate from the left side of the running direction of the defendant's vehicle to the right side of the driver's vehicle.

Ultimately, the Defendant caused the death of the victim from G hospital located in the south-gu, South-gu, Mapo-si at around 13:05 on August 29, 2017 due to the above negligence due to brain paralysis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographs;

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 and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing [the scope of recommendation] general traffic accidents [the person subject to special mitigation] [the person subject to special mitigation] [including efforts to recover damage] - The decision of sentence] - The fact that a serious consequence of the death of a victim occurs due to the instant accident: The fact that the vehicle of the defendant driving was covered by a comprehensive insurance; the fact that the defendant agreed with his bereaved family members; the fact that the vehicle of the defendant was not subject to punishment exceeding the fine; the defendant was not subject to punishment; the defendant committed a crime late; the defendant's age, sex, environment; the motive and motive of the crime;

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