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(영문) 대구지방법원 2019.09.25 2019고단3780

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 of the final judgment.

Reasons

Punishment of the crime

On June 11, 2019, the Defendant driving a franchison B, which was 05:21 on June 11, 2019, led the Daegu Jung-gu CNe-gu CV distance to CNV distance from the new Ne-Ne-ray bank.

In such cases, the defendant, who is engaged in the driving of motor vehicles, has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and found the victim's bicycle driving D (year 62) who crosses the road by using the crosswalk on the red signal such as pedestrian signal, etc. while driving it, and caused the victim to go beyond the road, by neglecting the bicycle side part of the victim's bicycle driving to the front part of the defendant's vehicle.

Ultimately, around 06:30 on June 12, 2019, the Defendant caused the above victim’s death by occupational negligence due to cerebral cerebral cerebral cerebral cerebral cerebral eption, etc. while being receiving medical treatment at the 130 Gyeong-gu Jung-gu Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, a actual survey report, and a traffic accident analysis report;

1. Police investigation report (in cases of attaching an intersection signalling system to the intersection of the accident place);

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 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 death of traffic accidents [Special Convicts] - mitigated factors: In the event that the victim has gross negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the area of recommendation and recommendation range], special mitigation range, 2-1 years to 2-1 years [the general person subject to punishment]. - In the event of comprehensive motor vehicle insurance;