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(영문) 대구지방법원 상주지원 2018.02.20 2017고단551
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 car in XG.

On September 30, 2017, the Defendant driven the above car on September 30, 2017 and moved in the direction of C, one way prior to C, in the direction of C, from the IC bank.

At the time, since it is near an intersection where a signal is not installed at night, there was a duty of care to prevent accidents by making it possible for a person engaged in driving service to take into account the left and right situation, and by driving slowly.

Nevertheless, the Defendant neglected this and went into operation, and did not find out the victim D (the age of 83) who was crossing from the right side of the course to the left side, and shocked into the front side of the said car and the front glass.

The Defendant caused the death of the victim by occupational negligence at the emergency room of the Red Cross Hospital located in 53, a permanent address in the 20:21 of the same day, where the victim was under the direct transmission treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, the 112 reported case handling table, and the report on a traffic accident;

1. Each report on internal investigation (No. 9,10 No. 10);

1. A death certificate, a postmortem report, and a certificate of completion of postmortem examination;

1. Application of accident scene photographs and statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Class 2 [person subject to special sentencing] mitigated factors of traffic accidents according to the sentencing guidelines: The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines, the area of reduced punishment [the scope of recommended punishment], the area of reduced punishment by imprisonment without prison labor for not less than four months and not more than one year;

2. The instant decision of sentence resulted in a significant result of death.

However, the fact that the defendant recognizes and reflects the crime, and the victim's bereaved family members are the priority of the defendant.

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