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(영문) 대구지방법원 서부지원 2017.10.31 2017고단495
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On January 21, 2017, around 06:00, the Defendant proceeded at approximately 78 km from the side of the fire station to the side of the fire station among the five-lane roads in the direction of the E hotel distance in Seogu-gu, Daegu, Seo-gu, Daegu.

At the time of night, there was a duty of care to look at the front and right of the driver and the right and the right and the right of the driver, and to operate the steering and the system accurately and safely.

Nevertheless, the defendant neglected this and got the victim F (the 37 years old) who crossed the above road from the right-hand side to the right-hand side and got the victim to go beyond the floor.

As a result, the Defendant had the victim receive treatment at an emergency room of a borrowed-name university hospital in the middle-gu, Daegu-gu, on the same day from around 06:5 on the same day, and caused the victim's death due to low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A death certificate;

1. Report on investigation (surveys) and application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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, the defendant has been punished one time for the same crime in 2010.

However, the defendant's mistake is divided into one's own mistake, and the defendant's family members and the victim's side does not want punishment against the defendant. The accident of this case occurred at the time of the accident.

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