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(영문) 대구지방법원 2019.10.17 2019고단4378

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 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 K3 car.

On May 26, 2019, the Defendant driven the above car on May 11, 2019, and led to the intersection of the street in front of the D Bank located in the Gyeongsan-si, Gyeongbuk-si, Gyeongbuk-do, to the lower intersection from the front side of the E pharmacy.

Since there was an intersection, a person engaged in driving of a motor vehicle has a duty of care to prevent an accident by looking at whether there was a vehicle crossing the intersection in another direction, and as a result, there was a duty of care to prevent an accident by looking at whether there was a vehicle crossing the intersection in another direction.

Nevertheless, the defendant found that the victim H(80 years old) driving, which was going to cross-section from the front side of the F to the cross-section from G elementary school, was found late, and caused the damage to the right side of the victim's vehicle as the front side of the passenger vehicle.

Ultimately, at around July 28, 2019, the Defendant caused the death of the said victim due to low pressure shocks, etc. among the K Hospital located in the J of the Gyeongbuk-si, Gyeongbuk-si on July 28, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes for report on internal affairs (Attachment of Motor Vehicle Trabling Images);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] - The area of mitigation of general traffic accidents (the life of a traffic accident between February and one year in the safe) - Where there is considerable negligence in the occurrence of a traffic accident or the expansion of damage even for a victim, no penalty (decision of mitigation of punishment) (decision of mitigation of punishment) - Unfavorable circumstances: The victim died due to the occurrence of a traffic accident by negligence of the defendant. The fact that the nature of the crime of the defendant is not less easily, the circumstance that the crime of the defendant is not easy is recognized - The circumstances favorable to him are