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(영문) 대구지방법원 경주지원 2018.02.21 2017고단812
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle in C. C.

On October 16, 2017, the Defendant driven the above car at around 21:05, while driving the car at around 21:05, and driving the three-lane of the side apartment in front of the vice apartment in 1771 at the time of racing along the two-lane from the direction of the racing.

At the time, there was a cross-section at night and at the front of that place, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating and operating the steering system, the steering personnel of the vehicle well-being the traffic situation on the front side and the right side.

Nevertheless, the Defendant failed to discover the victim D (48 tax) who had driven a motor vehicle due to negligence while driving the motor vehicle as it is, and did not discover the victim D (48 tax) who opened the intersection to the right side from the left side of the defendant's running, and received the front part of the motor vehicle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence by external shocking the external shock at the South Korean Medical Center located in 365, South Korean Won-do, South Korea, North Korea, where the transfer fee was out of October 18, 2017, and the transfer fee was 365.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site investigation report, on-site photo, accident video CD, and on-site inspection protocol;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution of a traffic accident occurred due to negligence by the defendant who violated his/her duty of care in advance, and the occurrence of a serious consequence of the victim’s death.

However, the occurrence of the accident of this case is also part of the negligence that the defendant led to confession, the victim's bereaved family and the victim agreed smoothly with the victim's bereaved family, and the victim's unauthorized crossing the crossing in the state of alcohol at night.

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