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(영문) 대구지방법원 영덕지원 2017.02.15 2016고단286
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BMW car.

Around 05:50 on September 22, 2016, the Defendant driven the above car and proceeded to turn to the left the right at about 20 km of Si speed with the view of the E community located in the vicinity of the troupe Eup, while driving the road in front of the village E in the vicinity of the troup of the troupe Eup.

At this point, the Defendant had a duty of care to live properly and drive safely in preparation for the occurrence of pedestrians on the part of the driver of the motor vehicle, since the Defendant was in the situation of running as access road to the village with frequent passage of people as seen above.

Nevertheless, the Defendant neglected this and went beyond the victim due to the negligence that did not properly look at the front side of the village above the Maman-gu, and the physical part of the victim F(72), which was coming from the left side of the Defendant's moving direction facing the Defendant's car side at the right side of the moving direction, was turned over by the Defendant's car left side.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence, while receiving treatment after being transferred to the H hospital located in Ansan-si G on October 8, 2016.

Summary of Evidence

The grounds for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 62(1) of the Criminal Act, Article 62(1) of the Criminal Act of the Suspension of Execution of Sentence I (Selection of Imprisonment without prison labor), as to the criminal facts applicable to the investigation report (in relation to the accident and on-site circumstances) by the Defendant’s legal statement I, each police’s statement protocol against J, a traffic accident report, a traffic accident investigation report, a traffic accident history report, a traffic change death report, a criminal investigation report (in relation to the situation of the accident and on-site circumstances of the person who died of death), the relevant law as to the criminal facts applicable to the investigation report (in relation to the accident and on-site circumstances of the person who died of death), and the reason for sentencing under Article 62(1) of

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