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(영문) 대구지방법원 2016.12.15 2016고단4779
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive a Grand Co., Ltd.

At around 15:40 on July 12, 2016, the Defendant driven the above van and proceeded at a speed of 60 km per hour with the front e-lane D, which is located in G, B, Gyeongbuk-gun, in addition to a multi-face from the dives of the entrance, at a speed of 60 km per hour.

Since this is a road that has a drainage channel on the right side, there was a duty of care to safely drive a vehicle in a drainage way by accurately operating the steering gate, steering gate and brake system to ensure that the person engaged in driving service has a duty of care.

Nevertheless, the Defendant neglected his duty of care in front of the front and left, and the Defendant’s negligence, which led to the Defendant’s driver’s failure to perform his duty of care, led the Defendant to lose the center of the above vehicle and to go to the right side while collisioning with the two sides.

Ultimately, at around 18:16 on the same day, the Defendant caused the victim F (the 86-year old-old) who was accompanied by the above fluoral fe in the above fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluorals, etc. at the G G (the 7-year-old fluoral fluoral fluoral fluoral fluor) to die from the fluoral fluoral fluoral fluor's fluoral fluoral fluoral

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Each death certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The occurrence of the serious injury suffered by four victims due to the instant traffic accident (no prosecution was instituted against injury) and the serious consequence of the death of two victims.

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