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(영문) 대구지방법원 포항지원 2019.05.29 2019고단426

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 who is engaged in driving a low-speed car B.

On February 13, 2019, the defendant, around 21:30 on February 13, 2019, had three-lane roads in north-gu C and D cafeteria along the two sub-sections from the E apartment surface to the two sub-sections.

At the time of night, there is a duty of care to prevent accidents, such as closely seeing the front door and the right and the right and the right of the driver of the vehicle, and accurately manipulating the steering and brakes, etc.

Nevertheless, the Defendant neglected this and did not closely see the right side of the front and the right side, and did not accurately operate the steering direction and brakes, and did so without permission from the right side of the Defendant’s vehicle driving direction to the left side, and received the part of the victim F (year 64) which was waiting for the opposite vehicle to the upper left side of the center line.

Ultimately, at around 22:05 on the same day, the Defendant caused the victim’s injury to brain livers and the death of an excessive blood transfusion at the emergency department of G Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and on-site photographs;

1. A corpse examination report and a photograph of a deceased person;

1. Application of the Acts and subordinate statutes to cut a black stuff image images;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant acknowledges the error and the fact that the victim has agreed with his/her bereaved family members);