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(영문) 대구지방법원 김천지원 2019.05.23 2019고단93

교통사고처리특례법위반(치사)

Text

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

except that 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 running a city bus B.

At around 13:30 on December 13, 2018, the Defendant moved the front intersection of D, which is located in the Gu-Si, Si, Si, Gu-si, to the Gu-U.S. basin from the south-do bank, to the Gu-U.S. bank.

Since the location is a intersection where signal apparatus and crosswalk are installed, the driver of the vehicle has a duty of care to temporarily stop in order not to obstruct or endanger the crossing of the pedestrian when the pedestrian is parked on the crosswalk, and to properly look at the front side and the right and the right of the pedestrian, and to safely drive the signal to prevent the accident in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant, who led the bicycle from the left side of the vehicle of the Defendant to the right side of the victim E (ma, 80 years old) who opened the crosswalk to the right side of the vehicle of the Defendant, caused the victim to go beyond the crosswalk.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the cerebral cerebral cerebral cerebralop, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. The actual survey report and on-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to pedestrians at the time of a traffic accident);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the element of mitigation of traffic accidents [including a special person]: The element of aggravation of punishment (including a serious effort to recover damage): The illegality of Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious.