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(영문) 대구지방법원 2017.11.16 2017고단3109
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 driver of CBR100R who is a driver of CBR.

On February 13, 2017, the Defendant operated a one-lane road in front of the village hall in the 811 valley, from the direction of the location of availability to the direction of the Cheongdodo.

The location is 30 km/h where the restricted speed is 30 km, all drivers of vehicles have the duty of care to keep and operate the restricted speed.

Nevertheless, the Defendant neglected this and failed to proceed at a speed of 102km/h above 72km, and the Defendant’s driving of the victim D(85 cm) driving on the part of the sea bed with the central line. However, the Defendant’s Obane conflict with the right-hand side of the above Obane on the front side of the Defendant’s Obane because it falls short of the brake distance.

As a result, the Defendant caused the victim's death at the Ganbuk Hospital around 16:35 on the same day due to cerebral brain damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. A fact-finding survey report, each photograph (Evidence No. 11,80 pages), each investigation report (with respect to specifying the speed of Ma2 vehicles, with respect to verifying the speed of the accident on the road), and a traffic accident analysis report;

1. Application of the Acts and subordinate statutes on video recording and video CDs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The ground for sentencing under Article 62(1) of the Criminal Act [the grounds for sentencing] [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution [the case where there is a substantial fault on the occurrence of traffic accidents or the expansion of damage even to the victim (the person subject to special mitigation] [the case where there is a serious effort to recover damage] under the following circumstances and the defendant's age, sexual behavior, family relationship, family environment, family environment, and crime.

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