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(영문) 대구지방법원 2020.10.27 2020고단3017
교통사고처리특례법위반(치사)
Text

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

except that 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 who is engaged in driving a B-to-car.

On November 15, 2019, the Defendant driven the above car at around 07:00 and led to the direction of the Hayang Eup/Myeon in the direction of the Haw-do at the Haw-si.

Since there is a commercial building on both roads where pedestrians' unauthorized crossings are frequent, the driver of the motor vehicle has a duty of care to reduce speed and to safely drive the motor vehicle by checking well the right and the right of the road.

Nevertheless, the defendant neglected this and went into operation, and the victim D (the age of 86) who illegally crossed the road on the right side from the left side of the direction of the defendant's proceeding was shocked into the front part of the vehicle's right side.

Ultimately, around November 15, 2019, around 07:25, the Defendant caused the victim’s death by occupational negligence due to the probial probial probasis accompanied by the two pelkes in the F Hospital located in Yongcheon-si, Youngcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, the scene photograph of the accident, and the written statement by the police concerning G, the body inspection report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act - the time limit for crimes.

- A considerable period of time has elapsed, but the same power (199) was in force.

- are covered by the comprehensive motor vehicle insurance.

There was an agreement to pay the agreed amount to four of the seven bereaved family members.

The fault of the victim's unauthorized crossing was also caused by the accident.

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