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(영문) 대구지방법원 2019.02.28 2018고단5678

교통사고처리특례법위반(치사)

Text

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

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 B-to-car.

On September 20, 2018, the Defendant driven the said car on September 19, 2018, and proceeded ahead of the D Company, which is located in the Gyeongbuk-gun, Gyeongbuk-gun, in the direction of the E-House off distance.

Since there is a road with a restricted speed of 70 km per hour, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving such a road, such as making the front door and the left door well, observing the restricted speed, etc.

Nevertheless, the Defendant neglected this and took the victim F, who was walking a bicycle on the front side of the said vehicle (70 years old), and passed the said road on the front side of the said vehicle due to the negligence of driving a speed exceeding about 27.78km/h of speed at the time of speed without neglecting it.

Ultimately, the Defendant caused the death of the victim on the same day due to the above occupational negligence, which caused the death of the victim due to the escape of the police and the severe scarcity damage.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. A death certificate;

1. Investigative reports (in relation to the speed of the vehicles under consideration, the results of analysis by the Road Traffic Authority), traffic accident analysis reports, and the application of statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The criteria for the sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general traffic accident category 2 (the death of traffic accidents) and the special mitigation area (two to one year) (the special mitigation area) [the victim] also has a considerable fault in causing traffic accidents or expanding damage, the sentence as ordered shall be determined by taking into account the following circumstances under the decision not to punish the victim (including efforts to recover damage), and other conditions of the sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

- The defendant's negligence causes death to the victim.