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(영문) 대구지방법원 2020.08.27 2020고단3018

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 B-learning car.

On October 5, 2019, the Defendant driven the above car at around 18:35, and continued to turn to the left in the direction of C Elementary School from the direction of crossing the front of the police box at the Cheongcheon City Office 680, Young-si.

Since the location is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by taking care of pedestrians' proceeding in the vehicle driving service and by accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and received the victim D (M, 79 years old) who walked a road without permission from the Defendant as the front part of the Defendant’s vehicle.

Ultimately, at around 22:48 of the same day, the Defendant caused the victim to die due to the above occupational negligence due to the blood transfusions from two in-house in the Jung-gu Incheon Metropolitan City University Hospital located in 130, Jung-gu.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident by a defendant's statutory statement, a report on the actual condition of the traffic accident, a report on the internal investigation of the accident site, and a death diagnosis report on the accident vehicle;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] the general traffic accident [the type 2] mitigation element of traffic accident [the person who is a special person] mitigation element of traffic accident (including a serious effort to recover damage] mitigation area, reduction area [the scope of recommendation area and recommendation range] mitigation area, imprisonment without prison labor for April to one year, the defendant was faced with the victim by violating the duty of care to prevent the accident in advance, and resulting result in the victim's death.