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(영문) 대구지방법원 2016.11.08 2016고단4793

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing taxi.

On September 2, 2016, at around 07:20, the Defendant, at the end of 07:20, had three-lanes of the distance crossing, such as D Mart, in front of the D Mart in Daegu Northern-gu C, from the direction of the home-pluger lock to the northwest-distance bank of the large area, proceeded directly in the straight line of about 30km each hour.

At this point, a person engaged in driving of a motor vehicle through a distance crossing with a signal signal has a duty of care to safely operate the steering and steering by accurately operating the steering and brake system.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the victim E (the 62 years old) who dried up the crosswalk on the right side of the pedestrian red signal in the right side of the same direction, and went ahead to the front part of the above cab.

As a result, the Defendant caused the death of the victim at the Ganbuk University around 08:18 on September 2, 2016, by means of an emergency treatment, such as the reduction of circular blood volume, shock shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis 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. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] is the case where the victim was negligent in causing traffic accidents or expanding damage in the area of special mitigation (two to one year) (including a person subject to special mitigation) of types 2 of general traffic accidents (the occurrence of traffic accidents), and where the victim was negligent in causing traffic accidents or expanding damage, the decision not to punish (including a serious effort to recover damage) [decision of sentence] the following circumstances and the defendant’s age, character and behavior, family relationship, family environment, motive and means of crimes, and circumstances after crimes, etc., shall be determined as the order.