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(영문) 대구지방법원 포항지원 2017.08.09 2017고단688

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 rocketing car.

On January 21, 2017, the Defendant driven the above car at around 07:05, and driven the above car at the south-gu coast of the port, south-do, 6363, the three-lanes in front of the modern iron, which is located at the east of the east-gu, south-gu, east-gu, west-gu, the Defendant driven the three-lanes between the four-lanes in front of the modern iron.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and led to the death of the victim D's bicycle left side part of the victim D's bicycle driving, which proceeded to the left part of the direction of the Defendant due to negligence in the course of duties, disregarding that the vehicle driving signal has been changed to the stop signal, caused the death of the victim due to two thrings and serious brain damage at the accident site around 07:29 on the same day.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to dead bodies;

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 the selection of imprisonment without prison labor;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] of the General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (8 to 2 years) (special mitigation) [the person subject to special mitigation] / Cases where illegality in the basic area (except subparagraph 8) of Article 3(2) proviso (excluding special mitigation) of the Act [the decision of sentence] below the sentence, and other circumstances below the defendant's age, sex behavior, environment, motive for the crime.