(영문) 대구지방법원 포항지원 2018.11.08 2018고단1060

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자간(%)

(영문) 대구지방법원 포항지원 2018.11.08 2018고단1060

교통사고처리특례법위반(치사)

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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 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 Csch Rexton car.

On June 5, 2018, 04:45 around 04:45, the Defendant was straighted at a speed of about 40 km each hour from the 3-lane of the hotel hotel in the East Sea along the two-lanes between the two-lanes of the way to the maintenance of the East Sea.

At the time, there were nights, and there was a place where the passage of other pedestrians and automobiles is anticipated, so there was a duty of care to prevent traffic accidents by properly operating and operating steering devices and brakes.

Nevertheless, the Defendant’s negligence in the course of driving the said vehicle on the front side of the instant vehicle, which led to a shocking of the victim D(71) to the right side of the road from the left side of the Defendant’s course due to the occupational negligence, to the front side of the said vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence at the F Hospital located in Nam-gu, Nam-gu, Nam-gu, E at around 23:20 on June 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each photograph, field map, 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the ordinary traffic accident [the scope of the recommended sentence] and the area of the special mitigation (two months to one year) (the special mitigation person] [the victim] also commits considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to the punishment (including efforts taken seriously to recover damage);

2. Determination of sentence:

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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