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(영문) 대구지방법원 2017.01.24 2016고단5851
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of CM6 car.

On October 22, 2016, around 19:19, the Defendant straighted directly using two lanes among the three-lane lines in the direction of the flow distance from the new distance distance along which doctorate 197-7 grain bus stops are installed in front of the yellow signal, etc. in the east-si, Simsan-si.

The driver of any motor vehicle has a duty of care to prevent anyone from driving his/her motor vehicle at a speed and in a manner that may cause any danger and impediment to others according to the traffic conditions of the road by accurately manipulating the steering system, brakes, etc. of the motor vehicle

Nevertheless, due to the error that the Defendant did not see the front side, the part on the right side of the victim D (64) crossing the road without permission from the right side of the moving direction conflicts with the front side of the said car.

As a result, the defendant caused the victim's death by the pelke and stroke in two external traumas, the stroke and the low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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 of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) [the Special mitigated person] [the victim] also has been negligent due to the occurrence of traffic accidents or the expansion of damage, the court below's decision to punish the victim (including efforts to recover damage] [the decision to punish] the following circumstances and the defendant's age, sex behavior, family relation, family environment, motive and means of crimes, and circumstances after crimes, etc., shall be determined as the sentence of this case by taking into account the following circumstances, such as the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of crimes, etc.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

A favorable condition:

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