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(영문) 대구지방법원 김천지원 2017.07.06 2017고단349
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 of a motor vehicle B at low price.

On December 17, 2016, the defendant, around 17:50 on December 17, 2016, had one-lane of national highways No. 4, 67, old-si, Yancheon-si, Seoul, and the military air defense area.

The accident place is the right side of the road, and the surrounding area was not good at night at the time of the accident, so in such a case, a person engaged in driving service has a duty of care to reduce the speed above the ordinary hour and to prevent the accident in advance by driving safely while driving safely.

Nevertheless, the Defendant did not discover the victim C, who walked on the right side of the front side of the vehicle due to negligence, and received the victim from the front of the vehicle.

Ultimately, at around 18:55 on the same day, the Defendant died of the victim due to the above occupational negligence due to damage to the pleasiacy during treatment at the Gu-U.S. Hospital affiliated with the Gu-U.S. University in 179 order of 179.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs and a survey report on actual condition;

1. Application of Acts and subordinate statutes of death certificate (C);

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 the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that the conditions favorable to the results of the death of the victim are reflectd: The fact that the victim has subscribed to the comprehensive automobile insurance, that the victim has agreed with the bereaved family members, and that there exists no history of punishment except for the one-time fine of

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