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(영문) 대구지방법원 2019.07.11 2019고단1998

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On March 8, 2019, the defendant operated the so-called so-called "self-durged vehicle" on March 19:2, 2019, and tried to drive the four-lane road in front of the Pungsan City, the two-lane road from the area of the mountain to the area of the mountain to the four-lane road.

It was an intersection where a crosswalk and a yellow light signal for vehicles are installed, so the person engaged in driving of the motor vehicle has a duty of care to take into account whether there is a pedestrian crossing over the road using the crosswalk, and then to proceed with it.

Nevertheless, the defendant neglected this, and found the victim E (the age of 54) who crosses the road by using the crosswalk from the right side of the defendant's running direction to the left side, and followed the victim by the defendant's car due to the negligence of finding it late.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which was sent back to the F Hospital and received treatment at around 21:01 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Photographss by cutting a black stuff image;

1. Application of Acts and subordinate statutes of a death certificate;

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 scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [Article 62(1) of the Criminal Act] The general traffic accident reduction element [Class 2] the damage caused by traffic accidents (including the specially sponsed person]: the mitigation element of punishment [including the scope of recommendations and recommendations], the mitigation range (including the recommended area and the scope of efforts to recover the damage], the circumstances under the rulings of imprisonment without prison labor for April to one year, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, shall

- The defendant's negligence results of death of the victim.