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(영문) 대구지방법원 포항지원 2018.02.07 2017고단1594
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On October 20, 2017, the Defendant driven the above car at around 09:50, and parked the car at the speed of the non-packaged road near the large quantity of the car located in North-gu C at the port of port.

Since there are frequent traffic of pedestrians around the temple, the driver has a duty of care to reduce the speed and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and misleads a speed pedal as a brake, and took a speed pedal, thereby putting the victim D(81) on the right side from the left side of the running direction of the said car to the right side, and received the victim D(81) as a driving part of the said car.

Ultimately, the Defendant suffered from an injury, such as multiple trauma, due to such occupational negligence, and transferred to the F Hospital located in Nam-gu E at the port in South-gu, Nam-gu, and caused the death of the Defendant on October 23, 2017 during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on site photographs;

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 stay of execution (see, e.g., the agreement with the bereaved family members, the first crime, and the subscription to the motor vehicle comprehensive insurance);

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