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(영문) 대구지방법원상주지원 2020.08.12 2020고단81

교통사고처리특례법위반(치사)등

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

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

On January 15, 2020, the Defendant driven the above car at around 17:53 on January 17, 2020, and proceeded straight straightly at a speed of about 90 km from the direction of the Si-Gyeongcheon-do Office in the direction of the Gyeongcheon-do Office according to one lane among two-lane roads in Pcheon-gun C.

At that time, there was a cross-section with a speed of 60km in which the crosswalk and yellow signal are installed, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in such a way as to ensure whether there is a person who gets on a road by complying with the speed limit and by checking it well, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded about 90km in speed exceeding 30km, and did not properly look at the front side of the defendant's moving direction and did not discover the victim D(82 years of age) to the right side of the crosswalk, and received the defendant's front-hand part of the car.

Ultimately, the Defendant caused the victim D's death from the above occupational negligence to the increase of the number of scambling damage in the workplace, and suffered from the victim E (20 years of age) who was accompanied by the Defendant's car by approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Application of Acts and subordinate statutes to autopsy records and death diagnosis reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, the proviso of Article 3 (2) 3 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution;