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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1583

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On November 9, 2016, the Defendant driven a high-speed car at C, 10:39 on November 10, 2016, and led the Defendant to turn to the left from the edge of the Gu port at the end of the head of the Gu port, even if the Defendant died of the 18 North-gu death road at the port.

At the same time, the central line and the crosswalk are installed, so a person engaged in the duty of care to prevent accidents in advance by safely driving the crosswalk after checking whether pedestrians walk on the crosswalk.

However, the Defendant neglected this and neglected to turn to the left, caused the victim D(75) who walked to the right-hand side of the passenger car at the crosswalk in the right-hand side of the passenger car at the time of the mati convalescent hospital, to go to the right-hand side of the victim's bridge before the left-hand side of the passenger car.

In the end, Defendant’s occupational negligence caused the victim to die due to the mouths of at least 16:40 on the same day while receiving treatment at the emergency room of the E hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

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

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act: (a) the basic area of the two types of traffic accidents (the term of imprisonment without prison labor for not less than eight months but not more than two years) (the term of imprisonment without prison labor for a special mitigation) [including a serious effort to recover damage] / Where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (Article 2, subparagraph 6; the term of sentence falls under not less than two provisos) [the term of sentence] unfavorable circumstances: (b) the victim died; (c) the central line is invaded and the person who is walking along the crosswalk is shocked, and thus, is highly favorable for driving.