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(영문) 대구지방법원 서부지원 2018.03.13 2017고단1471
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cras.

On April 27, 2017, the Defendant driven the above van on the 19:35 on April 27, 2017, and proceeded at a speed that is impossible to know by making a left turn to the 104 east of the above apartment from the front side of the apartment.

At the time, it was a road located in an apartment with frequent passage of people. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a duty of care to prevent an accident in advance by reducing the speed of the person engaged in driving the motor vehicle and driving the motor vehicle at the front and right.

Nevertheless, the defendant neglected this and got the victim to go beyond the floor by taking part of the chest part of the victim D (75) who crosses the above intersection from the right side to the right side.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by receiving treatment from the F Hospital located in Daegu-gu, Seogu, Daegu-gu, on May 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, a field photograph, and a photograph of a black fluore image;

1. Taking command over report on the occurrence of traffic accidents and the application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence arose, which led to the death of a victim due to the instant accident.

In addition, although the defendant has been punished for more than 20 years (before 1993), he has been punished for a fine of 2-3 times for the same crime.

However, the defendant's mistake is divided, and the defendant reflects it.

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