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(영문) 대구지방법원 안동지원 2019.08.12 2019고단181
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On February 12:10 on February 10, 2019, the Defendant, while driving the said car and driving the said car for permanent residence C with D from the creative vibration room to D, was negligent in neglecting the speed and neglecting the duty of electric traffic, thereby falling the said car into a ditch on the right side of the Defendant’s proceeding.

Ultimately, the Defendant caused the death of the victim E (n, 62 years of age) who was on board the head of the pertinent car due to the above occupational negligence, due to the difficulty of repulmone due to spine f, at G hospital located in F in permanent residence at around 12:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Inquiry into the enemy;

1. Each death diagnosis report and inspection report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear J telephone statements from a person in charge of the permanent Gu Office of Daegu Service Center/S Center);

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 selection of

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

1. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents (special-sponsor] - The elements of mitigation: Reduction area of punishment [the scope of recommendation area and recommendation area] reduction area, reduction area of punishment [the scope of recommendation area and recommendation area], and April through one year;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

However, the defendant recognizes his wrong and reflects his wrong, and there is no particular criminal history for the defendant.

The Defendant agreed with the bereaved family members of the victim.

In addition, the defendant's age, character and behavior, environment, the situation in which the victim was accompanied, the degree of negligence of the defendant, and the circumstances after the crime.

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