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(영문) 대구지방법원 상주지원 2019.06.11 2019고단95

교통사고처리특례법위반(치사)

Text

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

However, 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 vehicle B or C.

On January 30, 2019, the Defendant was driving the said car around 15:02, while proceeding the intersection of the shooting distance in front of the Ycheon-gun C apartment, as a “songsansan,” from the boundary of the “songsan.m. bus terminal.”

Since there is no vehicle signal apparatus installed, in such a case, there was a duty of care to safely pass through the intersection after checking whether there is another vehicle that reduces the speed prior to entering the intersection and enters the intersection.

Nevertheless, the defendant neglected this and proceeded to the right side of the victim D(the age of 71) driving on the right side from the left side of the course of the course of the navigation of the victim D(the age of 71) which is going to the right side, and caused the victim to go beyond the road.

Ultimately, the Defendant caused the victim by occupational negligence as above.

2. 2. Around 11:26, at the G Hospital, the “G Hospital Inbound Patients’ Office” located in Ansan-si, where the after-sales treatment was under way, caused the death of the patient, such as “emergency acutely dead-end transfusion.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The actual survey report and on-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [special sponsers] - The elements of mitigation: Inspons (including serious efforts to recover damage) [the area of recommendation and the scope of recommendation] mitigation area, and credit cooperatives.