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(영문) 대구지방법원 서부지원 2017.04.27 2017고단166
교통사고처리특례법위반(치사)
Text

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 DNA car.

On December 3, 2016, at around 17:27, the Defendant continued the said car to run approximately 371-gil35, as the Daegu Seo-gu punishment, and the front road of an elementary school from the square park to the area of the childcare education center at a speed of about 20 km.

Since this is a hond road, there was a duty of care to reduce speed and prevent accidents in advance by properly examining the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and caused damage to the victim E (the age of 51), etc. (the age of 51) of the Security Department, which was the left-hand side of the car at the driving of the Defendant, caused the victim to face head on the road stone, etc.

Ultimately, the Defendant’s negligence on the 13th 14:13th of the same month caused the death of the victim in the middle-gu Daegu-gu Hospital for Life-long Patients, which was 56 as a result of the above occupational negligence, due to the death of the victim due to the symptoms of damage in the number of water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A death diagnosis certificate, a postmortem report, or a corpse;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition investigation, and a photograph of a black boom;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is that the victim was negligent in causing traffic accidents or expanding damage even for the victim (the victim of February to one year) in the area of special mitigation (the victim of a traffic accident) [the victim]. However, there was a serious result in the victim's death;

The degree of violation of the defendant's duty of care is not significant.

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