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(영문) 대구지방법원 2019.11.21 2019고단5219
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On July 1, 2019, the Defendant driven the above car at around 17:20, and led to the front of the C in Yongcheon-si to turn to the left at the right-hand and the left-hand turn from the post office.

Since a crosswalk is installed, in such a case, there was a duty of care to confirm whether a person engaged in driving service is a person who sets a way to check the front door and the right and the right and the right, and to drive safely.

Nevertheless, the Defendant neglected to do so and went on as is, by negligence, received the victim D (the age of 72) who was standing on the right side from the left side of the running direction of the Defendant’s car, to the front of the Defendant’s car.

Ultimately, the Defendant caused the victim's death by occupational negligence on July 2, 2019, which was being treated by the F Hospital located in Daegu E on July 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (including attachment, etc. of accident images), a vehicle number-type camera photograph photograph, a traffic accident analysis report, and a vehicle black image photographe photograph;

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 scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [Article 62(1) of the Criminal Act] The general traffic accident reduction element [Class 2] the damage caused by traffic accidents (including the specially sponsed person]: the mitigation element of punishment [including the scope of recommendations and recommendations], the mitigation range (including the recommended area and the scope of efforts to recover the damage], the circumstances under the rulings of imprisonment without prison labor for April to one year, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, shall

- by fault of the defendant.

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