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(영문) 대구지방법원 포항지원 2019.08.22 2019고단574
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by eight months.

However, the above sentence shall be executed 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 driving a shower car.

On December 10, 2018, around 08:58, the Defendant, in the direction of the two-lanes of the D intersection C in the north-gu of the port of port at the speed of about 40km per hour depending on the two-lanes in the direction of the E building.

At the time, there was a lot of duty of care to prevent traffic accidents by properly operating the steering system and operating the steering system and operating the steering system, as the above place was a place where traffic of other vehicles was frequent, and thus, the driver of the motor vehicle had a duty of care to prevent traffic accidents.

Nevertheless, the Defendant neglected this and got a bicycle driven by the victim F (73 years old) who passed to port from the right side of the direction of the defendant's course due to the occupational negligence that entered the intersection as it is without examining the right and the right, and got the victim to go beyond the victim.

Ultimately, at around 00:30 on December 13, 2018, the Defendant caused the death of cerebral cerebral ma from a hospital located in Nam-gu G at the Nam-gu G due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Protocol of inspection;

1. A survey report, a death diagnosis report, and a traffic accident analysis report;

1. Application of each statute on photographs;

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, and Article 268 of the Criminal Act.

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Death of a victim by negligence in driving a decision of sentence.

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