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(영문) 대구지방법원 2020.07.22 2020고단2074
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a two-wheeled vehicle B, GTS125C.

At around 20:00 on January 11, 2020, the Defendant continued the front road of Daegu-gu C in the direction of E Union from D direction.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to verify whether there is a pedestrian and to safely drive the motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and went to the port from the right side of the course of the course, and went to the port side by the victim F (88 years old) on the front side of the above Defendant’s Obane.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on January 15, 2020, at a H hospital located in Daegu-gu G, Daegu-gu, to have the victim die due to cerebral blood.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;

Roster of Automobile Driver's Licenses, Motor Vehicle Identification

1. Protocol of autopsy and written diagnosis of death;

1. Application of CCTV Acts and subordinate 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special person] - The elements of mitigation: Reduction [including serious efforts to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, imprisonment without prison labor for not less than 4 months and one year [the general person] mitigation element: Subscription to the comprehensive motor vehicle insurance [the grounds for suspension of execution of sentence] - Major pride: Non-existence of punishment - Reasons for general pride: serious reflectiveness, subscription to the comprehensive motor vehicle insurance;

3. Determination of sentence: Four months of imprisonment without prison labor and two years of suspended execution;

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