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(영문) 대구지방법원 포항지원 2019.03.21 2019고단9
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

At around 02:44 September 12, 2018, the Defendant proceeded at a speed of about 72 kilometers a speed of 72 kilometers a speed of speed, depending on the two-lanes in the direction of the ASEAN C in the direction of the direction of the ASEAN C.

At the time, the above place was night, and the passage of other vehicles or pedestrians is frequent, and since the driving speed of the motor vehicles is restricted to 50 kilometers per hour, there was a duty of care to prevent traffic accidents by properly operating the steering gear and operating the steering gear.

Nevertheless, the Defendant shocked the victim F who passed the road to port from the right side of the direction that the Defendant passed by his occupational negligence over a speed of 22 kilometers a speed of restriction on the above road to the front part of the above car.

Ultimately, at around 09:20 on September 12, 2018, the Defendant caused the victim’s death by occupational negligence, resulting in the injury of the H hospital located in Nam-gu G in Young-gu, South-gu, as a result, due to the injury of the cerebral brain less than the trauma.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report, death diagnosis report, traffic accident analysis report, and the next investigation;

1. Application of each statute on photographs;

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, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The range of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 2], the element of mitigation of traffic accidents [the special sentencing person]: the area of recommendation for non-compliance with punishment (including serious efforts to recover damage), and the area of recommendation.

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