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(영문) 대구지방법원 2018.10.24 2018고단3818

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 for C.

On July 21, 2018, the Defendant driven a vehicle above the border of 13:30 on July 21, 2018, and led the Defendant to make a right-way road in front of the Gyeongbuk-gun, Gyeongbuk-gun, bypassing the road to the intersection of the intersection of the dwarf.

There are crosswalks where signal lights are installed in the direction of right-way driving, and in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to check the right-way and right-hand side well and drive safely.

Nevertheless, the Defendant neglected to do so and did not discover the way from the above crosswalk at a point where approximately 1m away from the above crosswalk, and received the victim with the front right part of the fore part of the fore part.

Ultimately, around July 21, 2018, the Defendant caused the death of the victim due to multiple prolonged damage, etc. by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A death certificate;

1. Reporting on the occurrence of a traffic accident and the application of Acts and subordinate statutes on the report of a traffic accident;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the reason for sentencing under Article 62-2 of the Criminal Act: (b) the death of the defendant due to the instant crime for the reason of sentencing; (c) the defendant reflects the fact that the defendant agreed with the bereaved family members; (d) the defendant has one previous criminal conviction; and (e) the defendant's age, sex, environment, motive of the crime and circumstances after the crime, etc.