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(영문) 대구지방법원 안동지원 2019.10.16 2019고단317

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 became final and conclusive.

Reasons

Punishment of the crime

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

On March 4, 2019, at the time of permanent residence around 19:05, the Defendant proceeded with C parking lot from the D store to the parking lot.

In such cases, a person engaged in driving duty has a duty of care to safely proceed by checking well the right and the right of the driving direction.

Nevertheless, the Defendant neglected to do so and got the victim E (the second-year age), who was going on the left side of the Defendant’s running direction, to go beyond the left side of the vehicle driving by the Defendant. On March 5, 2019, the Defendant continued to go over the victim with the left front and rear wheels and had the victim undergo medical treatment at the Gyeongbuk University Hospital located in Daegu-gu, Daegu-ro 130 on March 5, 2019.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. An accident site photograph;

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

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. 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 for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. Determination of sentence: The result of the death of a victim caused by an accident that happens by the defendant for six months of imprisonment without prison labor or two years of suspended execution is very important;