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(영문) 대구지방법원 경주지원 2018.04.12 2018고단44

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of BMW car.

On November 26, 2017, the Defendant driven the above car at around 17:39, while driving the car at around 17:39, the Defendant, at the time of racing, proceeded with a road of about 3:5 km in front of C at a speed from the east side of the racing at about a speed of 55 km.

Since it was difficult for pedestrians to cross and walk around the road in both sides of the road at the time, there was a duty of care to prevent the occurrence of accidents by accurately manipulating the operation and steering gear while considering the traffic situation before, after and after the vehicle driving.

Nevertheless, the defendant neglected to proceed as it is and found that the victim D (87 years old) who crosses the right side from the left side of the proceeding to the right side was found to be late, and received the above victim as the central net part of the passenger car center in the driving of the defendant.

Ultimately, the Defendant caused the said victim to die at the Dong National University Racing Hospital around 18:17 on the same day due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to E (bereaved family members);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence leads to the occurrence of the result of the death of the victim by negligence while driving the vehicle in violation of the duty of safe driving, and the responsibility for such crime is heavy;

However, the defendant has no criminal history, the accident vehicle is covered by the motor vehicle comprehensive insurance, and the bereaved family members do not want to be punished against the defendant by mutual consent with the bereaved family members, and the victim's unauthorized crossing without permission is also involved, and the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime.