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(영문) 대구지방법원 2015.07.23 2015고단1729

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Lone Star Vehicle B.

On March 31, 2015, the Defendant driven the above vehicle on March 23:55, and led the vehicle to proceed in the direction of the Seodaemun-gu Office for the Construction of Daegu Facilities, located in 29, one lane in front of the Daegu Facilities Management Corporation.

Since there is a place where the traffic is controlled by the vehicle and the pedestrian signal apparatus and the crosswalk is installed, the person engaged in the driving of the vehicle has the duty of care to safely drive the wheel and the left and the right of the vehicle, and to accurately operate the steering gear and the steering apparatus.

Nevertheless, the Defendant was negligent in driving a vehicle by neglecting it and received the body of the victim C (the age of 66) who dried a road adjacent to the crosswalk by violating the signal from the left side of the direction of the course to the right side of the road.

Accordingly, at around 04:00 on April 1, 2015, the Defendant caused the death of the victim due to the above occupational negligence, a Daegu Tol University Hospital located in 33, 17-gil, a Daegu Yolol University Hospital, to the death of the victim due to the climatic depression.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A death certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents Type II (Special Mitigation in April-10) (Special Mitigation in April-10) (including efforts to recover damage), the area of mitigation (including special mitigation in April-10), punishment not (including efforts to mitigate damage) (the decision of sentence] at the time of the decision of sentence, the victim was crossing the road on the pedestrian red signal without permission, and the victim's family members and family members are.