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(영문) 대구지방법원 2018.01.11 2017고단6285

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On October 9, 2017, the Defendant driven the above cargo at the crosswalks of the Nowon-gu Nowon-gu, Daegu, Nowon-gu, Seoul, and proceeded at a speed of 40 to 50km per hour, depending on the road of 40 to 50km per hour from the erobbbbbs, as new, from the erobs.g. side of the street.

Since there is a pedestrian crossing without signal, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce speed and check the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected to do so and did not avoid the victim C (the age of 57) who cross the front side of the front side of the crosswalk from the left side by his negligence, and received the victim in front of the cargo vehicle that the Defendant is driving.

Ultimately, the Defendant’s negligence on October 1, 2017 caused the death of the victim who was receiving medical treatment at the Gyeong-gu, Daegu-ro 130, Jung-gu, Daegu-ro, by the foregoing occupational negligence, due to the pulmonary pulmonary mar, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on investigation (with respect to black stuff images);

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 Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] (4 months to 1 year) mitigation area (including efforts to recover damage) of the mitigated area (4 months to 1 year), (including special mitigated persons), - Decision of sentence] unfavorable circumstances (including efforts to recover damage): The occurrence of significant results of the death of the victim due to the instant traffic accident; favorable circumstances: agreement with the bereaved family members of the victim, other than the Defendant’s vehicle is covered by the comprehensive insurance; the Defendant was first and later committed against the crime.