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(영문) 대구지방법원 안동지원 2017.05.30 2016고단960

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

The defendant is a person who owns Oralba and is engaged in driving service.

On November 15, 2016, the Defendant driven the above Oral Ba, which was not covered by mandatory insurance, and driven the above Oral Ba, and driven the front road of the elementary school for the use of the 898-1, in the direction of the interesting school, from the direction of the law to the direction of the direction of the road.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

In addition, the Defendant neglected this and went beyond the victim D (70 years old) who was crossinged from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence of proceeding, even though the vehicle driving signal is a stop signal.

Ultimately, the Defendant caused the death of a victim at the F Hospital located in Ansan-si, A around November 23, 2016 due to the above occupational negligence by the Defendant, in a multi-long-term emergency due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiry into mandatory insurance;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, Article 268 of the Criminal Act (the occupation of occupational and practical intention, selection of imprisonment without prison labor), Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (the fact that mandatory insurance has not been covered by the mandatory insurance, the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents [the scope of recommended punishment] is the basic area (from August to two years) of the two types of general traffic accidents.