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(영문) 대구지방법원 김천지원 2016.11.24 2016고단1114
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing Habrid car.

On June 28, 2016, the Defendant was driving the front road D in the Gu-U.S. Si on June 22 and 13, 2016, and was driving the said vehicle into the Hancheon University Hospital, the Defendant changed the course from the second lane to the first lane.

In this case, the driver of the vehicle has a duty of care to prevent accidents by operating direction direction, etc. to give prior notice of change of course and to change the course well, and to prevent accidents by changing the lane.

Nevertheless, the Defendant neglected this and neglected to change the lane as it is, thereby, received the full part of the victim F (the 16-year-old) driving at one lane in the same room as the left side of the said car. The Defendant received the full part of the victim F (the 16-year-old) driving.

Ultimately, at around 19:10 on July 1, 2016, the Defendant caused the victim's death by occupational negligence, resulting in the death of the victim, such as an external probane, in Daegu Tol Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Attachment of photographs, such as a survey report on actual conditions, site photographs, etc., and on-site photographs;

1. Application of Acts and subordinate statutes of a 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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. One month to five years from imprisonment without prison labor, the range of applicable sentences in law; and

2. Application of the sentencing criteria (decision of type) shall apply to general traffic accidents: Type II (Death, etc. resulting from Traffic Accidents): Reduction elements: Imprisonment with prison labor for not more than four months [Limits of recommending punishment] to one year ( mitigated area).

3. The defendant's negligence, who tried to make an internship at a place, other than a mountain zone, where the victim of the age, who has yet to be sentenced, died and the result is very heavy, but the victim also takes headlights at night;

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