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(영문) 대구지방법원 2018.11.23 2018고단3748

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On April 13, 2018, around 15:55, the Defendant, at the speed of 70 km in front of the Dong-gu, Daegu-si, Daegu-si, the speed of 30 km in the speed of about 109 km in the speed of the city, turned down to the two-lanes in the direction of selling mountain, from the speed of about 109 km in the speed of the city.

At that time, there are signals, and the vehicle stop signal was turned on to the place of a crosswalk in the front door, so a person engaged in driving service has a duty of care to prevent accidents by stopping the vehicle according to the signals of suspension and operating the vehicle in accordance with the signals after checking whether there is a pedestrian.

Nevertheless, the Defendant’s negligence by disregarding the stop signal while exceeding 40km, and without putting the front-way week at all times, followed by the Defendant’s vehicle from the right side of the vehicle at that time, the part on the left side of the Victim D (17 years old) crossinging the road between the crosswalk and the stop line according to the pedestrian signals was shocked by the Defendant’s vehicle as the front part of the car.

Ultimately, the Defendant’s negligence on April 14, 2018 caused the death of the victim in the middle-patient hospital located in Daegu Dong-gu, Daegu-gu, by the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A protocol of autopsy and a medical certificate of death;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and applying Acts and subordinate statutes as a result of analysis of the speed of a traffic accident;

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;

1. The reason for sentencing of an alternative imprisonment without prison labor [the scope of recommendation] is the case where the illegality in the area of aggravation (one year to three years) of the two types of general traffic accidents (the death of traffic accidents) [the person subject to special aggravation] (excluding subparagraph 8) of Article 3(2) proviso of the Act, or in the case of bad driving (the decision of sentence] of this case.