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(영문) 대구지방법원 경주지원 2017.09.27 2017고단420
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 person who is engaged in driving of a C Poter cargo vehicle.

On May 12, 2017, the Defendant, while driving the above cargo vehicle at around 17:37, and driving on the road without a central line from E to Tae-young golf course on the direction of the Defendant’s driving by negligence, who neglected to perform the e-mail duty on the direction of the Defendant’s driving to the port from the right side of the said shooting distance, caused the victim to die by pressure on brain pressure at the university and racing hospital of the same country where the Defendant had 87, as at the time of the racing, on the left side of the said cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition investigation, a report on investigation (on-site investigation), a death diagnosis certificate, or a report on investigation (Attachment to

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

1. Application of the sentencing criteria [the scope of the recommended sentence] General traffic accidents in the range of Class II (Death or Injury by Traffic Accidents) (from April to one year) (the person subject to special mitigation) is not subject to punishment;

2. The occurrence of a traffic accident by negligence, which caused the defendant's decision-making decision-making decision-making failure to perform the duty of care at the intersection, and the occurrence of a serious consequence of the victim's death.

However, in light of the fact that the defendant is led to confession, that the victim's bereaved family members and the victim have agreed smoothly, that the traffic accident of this case occurred due to negligence that occurred without temporarily suspending at the intersection, and all other factors of sentencing as shown in the trial of this case, the punishment shall be determined as ordered in consideration of all the factors of sentencing as shown

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