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(영문) 대구지방법원 포항지원 2017.04.20 2017고단177
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of B artr.

On December 23, 2016, 06:10 on December 23, 2016, the Defendant operated the above twitter road in front of the Korean polytex University located in the Nam-dong, Nam-gu, Chungcheongnam-dong, and had the opposite twitton go through through the arche grogate in the Young-do, and he had the duty of care to make the U.S. to the person engaged in driving service, since the center line of the yellow-ray is installed, there was a place where the yellow-ray is installed.

Nevertheless, the Defendant neglected this and got the victim C (68) by the negligence of her pedsing the central line and driving the 68 tax, and had the victim C (68) drive on the part of the maintenance room of the Young Day with the front part of the Dma business car, which was going to the arche River from the maintenance room of the Young Day.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by the so-called “savination” and “cerebrovassis” at a hospital specified for the Posting of the port located in the Southern-si of the Republic of Korea on December 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident Type 2 [the person subject to special mitigation] [the person subject to special mitigation] [including efforts to recover damage], the defendant's decision of sentencing] is divided into his/her fault, the victim's bereaved family does not want the defendant's punishment, the victim's bereaved family does not want the defendant's punishment, the defendant has no record of punishment other than the fine, and the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc. are all taken into account.

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