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(영문) 대구지방법원 경주지원 2017.10.18 2017고단440
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

However, the execution of the above punishment shall be suspended for a period of 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 C-L car.

On April 30, 2017, the Defendant driven the above car on April 10, 2017, while driving the car, approximately 200 meters far after the high intersection, which is located in the 740-2 east-dong, from the parallel of the racing, driven by one lane from the parallel of the parallel to the four-distance distance from the parallel of the parallel of the racing.

At the same time, a crosswalk without signal lights is installed, and many vehicles are fixed, so in such a case, there was a duty of care to check whether a person engaged in driving service is a person standing the crosswalk and safely drive the crosswalk in order to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and proceeded without examining the right and the right and the right and the right and the victim D (the age of 59) who opened a crosswalk on the left side of the front side of the road in the direction of the direction of the road between the vehicles located in a mast, was placed in front of the right side of the Defendant’s car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on April 30, 2017, at the Dong University race Hospital located in 87, Dong-si, Dong-si, Si, dong-si, as Dong-si, dong-si, dong-si, to cause brain pressure, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a photographic act and subordinate statutes by reporting the occurrence of a traffic accident, on-site investigation report, on-site photographs, death diagnosis report, investigation report (verification of the circumstances of the accident), or by capturing CCTV;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The application of the sentencing guidelines [the scope of the recommended sentence] General Traffic Accidents Type 2 (Death, etc. by Traffic Accidents) (Article 8-2) (Article 3(2) (proviso) (Article 3(8) (Article 3(2) of the Act on Special Cases concerning Punishment, etc. of Traffic Accidents) is one of the basic areas (Article 3(2) (Article 3(8)).

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