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(영문) 대구지방법원 2017.11.30 2017고단4581
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 siren motor vehicle.

On August 6, 2017, the Defendant driven the above vehicle in Daegu-gu, Daegu-gu D on August 15:30, 2017, and led the Defendant to turn to the left at an irregular speed, depending on the two-lanes from the four-lanes of the airport to the one-lanes of the three-lane roads.

At that time, there was a person on board a bicycle along the crosswalk, and thus, the person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected this and neglected to observe, even though the signal signal of the Madow is prompt due to negligence, he did not avoid the victim E (73 ) who passed the bicycle on the right side of the above crosswalk in the right side of the above crosswalk, and received the bicycle of the victim in front of the left side of the motor vehicle driving by the Defendant.

Ultimately, on August 7, 2017, the Defendant caused the death of a victimized person who was receiving medical treatment at the Gyeong-gu, Daegu-ro 130 Gyeong-gu University Hospital on August 7, 2017 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A death certificate;

1. On-site photographs, on-site surveys, and on-site reports (the confirmation, etc. of the collision part of the vehicle involved in the accident);

1. Application of the Acts and subordinate statutes governing black stuffs and motion picture CDs;

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 reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommendation] of Article 62(1) of the Criminal Code / [the scope of recommendation] of Article 62(1) of the General Traffic Accidents Act / [the case where there is a substantial fault for the occurrence of traffic accidents or the expansion of damage to the victim.]

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