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(영문) 대구지방법원 서부지원 2019.05.15 2019고단768

교통사고처리특례법위반(치사)

Text

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

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 rocketing car.

On March 13, 2019, the Defendant driven the said car at a speed of about 6-70 km from the 377-lane to the egalian distance, depending on one lane from the egalian distance to the egalian region, according to the 377-lane in front of the egalian Singu, Daegu, the Defendant was driving the said car at a speed of about 09:00 meters.

Since the location is a crosswalk in which signal lights are installed, there was a duty of care to safely drive a person engaged in driving service by checking well the right and the right of the front and the right according to the new code.

Nevertheless, the Defendant neglected this and got the victim C(55 years of age) walking on the right side of the said vehicle from the right side of the said vehicle to the left side of the crosswalk in accordance with the pedestrian crossing crossing crossing line due to the negligence in violation of the stop signal.

Ultimately, on March 13, 2019, around 09:58, the Defendant caused the death of the victim due to the above occupational negligence from the two frameworks from the emergency room of the E Hospital located in Daegu-gu, Daegu-gu, the Defendant caused the death of the victim.

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 report on actual condition, and a report on internal investigation (Attachment to photographs of the scene of the accident);

1. A criminal investigation report (to attach photographs toCCTV images and CD screen pictures) and a internal investigation report (to attach photographs of black stuffs);

1. Application of Acts and subordinate statutes of a death certificate;

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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The defendant committed a serious consequence on the victim's death by violating his/her duty to protect pedestrians in the signal and crosswalks; circumstances favorable to the occurrence of the accident, such as the victim's absence of negligence: confession and reflect; the victim's bereaved family was consented to, and the victim's bereaved family was agreed with, the victim's comprehensive insurance; the victim's life in custody was committed for about two months; and the health is good.