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(영문) 대구지방법원 상주지원 2018.06.12 2018고단105
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 the operation of C Eth Motor Vehicles.

On February 12, 2018, the Defendant driven the above car at around 18:50 on February 12, 2018, and used it to set up the roads adjacent to D at door-si.

In the area of the gymnasium, the area was going into the area of the gym.

At the time, it was difficult at night to see the speed of the driver, so there was a duty of care to take care of the traffic situation well and to prevent accidents in advance by driving safely and driving safely.

Nevertheless, the Defendant neglected this and proceeded as it was, and the victim E (the age of 75) who was walking prior to the same direction was on the front side of the car.

Ultimately, the Defendant caused the death of the victim E by occupational negligence from the G emergency room located in the G G hospital F, which was under the after-school treatment on February 12, 2018, due to the cerebral cerebral cerebral tys, etc. at the G hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to H and I;

1. A death certificate, a written report of autopsy, and a written evidence of autopsy;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of Acts and subordinate statutes to the scene photographs of accidents, and photographs of changeers;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Type 2 [person subject to special sentencing] mitigated elements of punishment according to the sentencing guidelines: Not less than 4 months but not more than 1 year, in the area of reduction of punishment [the scope of recommended punishment]: Imprisonment without prison labor for not less than 4 months;

2. The instant decision of sentencing led to a serious result of the victim’s death.

It is expected that the suffering of the victim's bereaved family would have occurred.

The defendant shall make a traffic accident even around 2009.

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