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(영문) 대구지방법원 경주지원 2016.05.25 2015고단949

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in XG.

On August 8, 2015, the Defendant driven the above car at around 19:58, and operated the front road in front of the real estate building in Young-dong, Young-si, Young-si, Young-si.

The location is the intersection with a yellow on-and-off signal, and the pedestrian passes the crosswalk, so in such a case, the driver of the vehicle has the duty of care to temporarily stop in front of the crosswalk and protect the pedestrian.

Nevertheless, the Defendant neglected to do so and passed the vehicle as it is, by negligence, received C(74) a victim (74) who walked along the crosswalk from the left side of the proceeding direction to the right side.

In the end, the Defendant caused the death of the victimized person due to the above occupational negligence at Dong-si University Hospital in the East-si University of the Republic of Korea at around 20:51 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a traffic accident report, a survey report on actual condition, an accident site photograph, and a death certificate;

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Application of the sentencing guidelines [Determination of the types] traffic crimes, general traffic accidents, type 2 (Scope of a sentence of recommendation] (the scope of a sentence of punishment for traffic accidents), credit cooperative from August to June (general aggravation], and other cases falling under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (general mitigation elements], deposit of an amount equivalent to a deposit, purchase of a comprehensive motor vehicle insurance, and criminal punishment;

3. Determination of sentence: The fact that the defendant in August of the depository reflects the instant crime, deposited a considerable amount of money to the bereaved family members of the victim, and the defendant is insured by the comprehensive motor vehicle insurance; and