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(영문) 대구지방법원 김천지원 2019.06.12 2019고단334
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives a vehicle B benz GS 350 d.

On December 15, 2018, the Defendant operated the said car in front of the Dju station located in the Gu, Si, Si, Gu and the Defendant driven the said car in front of the Dju station, along the two-lanes of the 4-lanes from the eudal eudal eudal boundary.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle without exceeding the speed limit, due to the driving of the motor vehicle.

Nevertheless, the Defendant operated a road with a restricted speed of 70km a speed of about 85km per hour, and did not go as it is without a proper front-down, and by negligence, the victim E (the age of 63) crossing the road from the left side of the Defendant’s driving direction to the right side of the road was in front of the above vehicle.

On December 16, 2018, at around 00:26, the Defendant died of the victim due to the foregoing occupational negligence, such as a catus catus catus, and a datum shock.

Summary of Evidence

1. Defendant's legal statement;

1. An on-site survey report, each on-site photograph, and photograph of a locking vehicle image fluore photograph;

1. A death certificate;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident investigation and analysis;

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 selection of

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of traffic accident [special sponsers] - the mitigation element: the mitigation area [including serious efforts to recover damage] mitigation area, imprisonment without prison labor for not less than 4 months and 1 years [general sponsers] mitigation area, comprehensive motor vehicle insurance policy - aggravation factors: traffic accident even before the same kind of crime not falling under repeated crimes and around 2010.

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