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(영문) 대구지방법원 2019.07.10 2019고단1047
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On January 22, 2019, around 06:55, the Defendant driven the B B B Poter, and led the D front road located in Daegu Northern-gu C, Daegu, to proceed at a speed of about 66 km per hour, depending on the two-lanes of speed from the amine distance to the E High Schoolside, from the amineside to the E High School.

In this case, there was a duty of care to prevent accidents in advance by safely operating a driver of a motor vehicle by complying with the speed limit, by properly operating the steering direction and brakes well, and by accurately operating the steering direction and brakes.

Nevertheless, due to the negligence of neglecting this, the defendant did not find out the victim F (70 years old) who was moving a bicycle to the right side from the left side of the running direction of the defendant, and did not leave the victim's front part of the vehicle driving by the defendant.

Ultimately, around January 24, 2019, the Defendant had the victim through occupational negligence as above caused the death of the victim due to the liver damage, etc. caused by serious injury to the liver Hospital located in Daegu-gu G.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Police investigation report (Investigation of the distance from skiing mark);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

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

2. The range of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [Special Convicts] - The mitigation element: In the event that the victim has gross negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the area of recommendation and recommendation range], special mitigation range of punishment [the scope of recommendation range and recommendation range], two months to one year [the general person] mitigation element: the comprehensive motor vehicle insurance.

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