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(영문) 대구지방법원 2017.01.24 2016고단6062
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 CAS.

On September 11, 2016, the Defendant continued three lanes in front of Daegu Suwon-gu D on September 11, 2015, along the two lanes from the four-lane boundary to the two-lane boundary of the Gyeongbuk-gu High School, and stopped according to the stop signals.

Since there is a crosswalk in the front door, in such a case, the driver was obliged to take care of the front door and the right and the right and the right and the right and the right of the driver, and to prevent the accident in advance by accurately operating the steering gear and the system.

Nevertheless, the Defendant neglected this and got the victim E (the 76-year age) who was a victim of the crosswalk in accordance with the pedestrian signals from the left side of the Defendant's running direction to the right side of the road, by going through a speed pedal while leaving the body in order to promptly set down the plastic beverage disease on the back side of the road. The Defendant got the victim E (the 76-year age) who was a victim of the crosswalk in accordance with the pedestrian signals from the left side of the Defendant's driving direction to go beyond the ground.

Ultimately, the Defendant caused the victim to die by occupational negligence on September 27, 2016, at Gyeong-gu, Daegu-ro, Daegu-ro, 130, which caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the survey report and 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 Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. The sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime.

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