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(영문) 대구지방법원 상주지원 2021.01.27 2020고단327

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 Patom car.

On August 21, 2020, at around 21:30 on August 21, 2020, the Defendant driven the above car and moved to the left left the intersection of the “D” in front of the “D” in C at the time of residence.

At the time, traffic control is conducted at night and at the same time, so in such a case, the driver of the vehicle has a duty of care to prevent the accident by properly operating the steering system and the steering system and operating the steering system in a safe manner.

Nevertheless, the Defendant neglected this and did not discover the victim G (son, 70 years old) who was prone to cross-section from the mash F room where he was in progress as it was, and did not discover the victim G (son, 70 years old). Thus, the Defendant got the victim from the front part of the car in front of the passenger car and had the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as cerebral cerebrovassis during which he was receiving treatment from the I Hospital located in H at the time of stay at around 01:50 on August 22, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of the death diagnosis report and the investigation report on the inspection report (CCTV image) by statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the factors to reduce the death of a traffic accident (person who is in special sentencing]: The area of reduction of punishment [the area of recommendation and the scope of punishment], the area of reduction of punishment [the area of recommendation and the scope of punishment], four months through one year.

3. Determination of sentence: One year of a suspended sentence of imprisonment without prison labor for six months;