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(영문) 대구지방법원 2018.06.08 2018고단1109

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment 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 a car in the C SP area.

On December 18, 2017, the Defendant driven the above car at around 08:55, and proceeded with the complete mountain distance in Yongcheon-si, Youngcheon-si, Youngcheon-si from the Youngcheon-si to the Youngcheon-do basin.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the person engaged in driving service in accordance with the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and got the victim D (87 ) crossing the road from the right side of the defendant's running direction to the left side of the stop line to go beyond the floor by taking the victim D (87 ) who passed the road from the right side of the defendant's running direction, although the vehicle driving signal was already changed to yellow signal.

Ultimately, the Defendant, at around 14:45 on the same day as above, caused the death of a multi-faceted body in the Yong-Namnam University and in the Youngcheon Hospital located in the university department of the university, which is 10-gil, from around 14:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of the recommended sentence] When there are two types of general traffic accidents (the two months to one year) in the area of special mitigation [the victim] [the victim] is negligent due to the occurrence of traffic accidents or the expansion of damage, the court shall not punish the victim (including efforts taken to recover damage] [the decision of sentence] causing serious consequences of the death due to the instant crime [the decision of sentence], the victim who has not complied with the pedestrian signal is partly responsible for the occurrence of the accident, and the defendant is against the defendant.