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(영문) 대구지방법원 안동지원 2018.09.07 2018고단260
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 person engaging in driving a rocketing car.

On December 1, 2017, the Defendant: (a) found out the Victim F (the remaining, 57 years old) who opened the way to the port from the right side of the course due to occupational negligence in violation of the duty to drive safety and to drive safety at a speed of about 60km in the front of the “E” road in Ansan-si, where the Defendant driven the said vehicle and driven it at a speed of about 17:57 on the front side of the road in the city of Ansan-si; and (b) found the victim F (the remaining, 57 years old) who opened the way to the port from the right side of the road due to Defendant’s driver’s driver’s fault.

Ultimately, the Defendant caused the death of the victimized person at H hospital located in Ansan-si G on December 10, 2017 due to the above occupational negligence to the two parents of the middle parents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Protocol of autopsy and photographs of the corpse;

1. Attachment to the A-A driver's license ledger and the studio signal;

1. Application of Acts and subordinate statutes to a investigation report (verification of CCTV images), investigation report (verification of CCTV images of an integrated control center), investigation report (Attachment to a traffic accident analysis report);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] shall not be subject to the punishment of two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year).

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

The accused has been punished for a fine for the same crime in 2017.

However, the defendant recognizes his mistake and is against his will.

The defendant's vehicle is covered by the comprehensive automobile insurance, and the defendant paid 30 million won to the bereaved family members of the victim.

There is no criminal offense against the defendant.

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