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(영문) 대구지방법원 2017.05.25 2017고단1453

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

The defendant is a person who is engaged in driving a Switzerland car.

On January 18, 2017, the Defendant driven the above car on around 18:24, and led the Defendant to drive the above car at an insurous speed in the direction that the front of the crosswalk 11-gil, 29, Mara-ro, Daegu-dong, Daegu-ro, and the front of the crosswalk 5, along the direction that the crosswalk 1-gil, was set fast.

In this case, the driver of the vehicle has a duty of care to safely walk after making a temporary stop as to whether there is a pedestrian crossing.

Nevertheless, the Defendant neglected to do so and did not discover the victim C (M, 75 years old) who cross the crosswalk to the right-hand 6 complex from the 5th side of the Siltain Scon Scon located on the left-hand side, and did not see the victim C (M, 75 years old) to the right-hand side of the Defendant's car.

Accordingly, the defendant caused the victim's death on January 19, 2017 by blood reduced amount shocks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation and death report;

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

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

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

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area of mitigation (from April to one year) (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

The defendant's breach of duty of care.