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(영문) 대구지방법원 2019.05.09 2019고단1227

교통사고처리특례법위반(치사)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a new character car.

On January 1, 2019, at around 16:30, the Defendant moved ahead of the intersection in 352, Cheongdo-gun, Cheongdo-gun, to an intersection in Cheongdo-do-ro, Tri-do-ro, Cheongdo-ro, in accordance with one-lane, one-lane of the two-lanes of the two-lanes.

At the same time, since the road was a place where the road is combined, a person engaged in driving service has a duty of care to properly see the front section and the right and the right and the right, to accurately operate the steering and the operation of the steering system and to safely drive it along the lane.

Nevertheless, the Defendant neglected to do so and led to the death of the victim C (the 76-year-old driver) of the victim C(the 76-year-old driver), who was going directly to the left-hand side of the road due to the negligence of bypassing it and going to the right-hand side of the victim C(the 76-year-old driver) driving, who was going to the left-hand side of the said new character car, resulting in the death of the victim due to cerebral transfusion, etc. at the E hospital located in Daegu-gu

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident analysis report;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for reference);

1. Relevant legal provisions 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 selection of

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered in consideration of various circumstances shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., that are favorable to the fact that a serious consequence of the death of the victim was occurred by the Defendant’s negligence: The error is recognized and reflected; that the victim’s bereaved family members and bereaved family members have agreed smoothly with the victim; that the vehicle is covered by a comprehensive insurance