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(영문) 대구지방법원 2018.07.12 2018고단2275
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment 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 DNA car.

On November 11, 2017, the Defendant driven the above car at a speed of about 96 km at a speed of about 16 km, depending on the four-lane from the offside of the e-mail distance in the direction of the city at a speed of about 56 km.

At the time, she is placed around the new wall hour, and the accident place is 60 km speed per hour, so in this case, the driver engaged in driving service has a duty of care to observe the restricted speed, to thoroughly see the front hour, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the floor by taking the victim F (20 years old) who crosses the crosswalk in the direction of the Defendant’s vehicle into front part of the vehicle in front of the Defendant’s vehicle, with a speed exceeding approximately 36 km per hour from the speed of her speed by negligence and speed exceeding 36 km. On December 29, 2017, the Defendant got the victim to go beyond the floor, thereby resulting in the Defendant’s death of external cerebriform blood in the Gyeong-gu University Hospital located in Jung-gu, Daegu-gu, Daegu-ro, 130.

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. A death certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching results of a request for appraisal), investigation report (in cases of speed limit at the place of occurrence);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Education [the scope of recommended punishment] [the two types of general traffic accidents (the type between February and one year) [the victim] in the area of special mitigation [the victim] has a considerable fault in causing traffic accidents or expanding damage, the victim is not subject to punishment (the victim's efforts to recover damage).

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