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(영문) 대구지방법원서부지원 2020.12.23 2020고단2805
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On June 11, 2020, the defendant, around 09:30 on the 09:0, along the three-lanes in the direction of scattering distance, proceeded along the two-lanes in the direction of scattering distance.

In this case, a driver of a motor vehicle has a duty of care to observe signals, not to obstruct or endanger pedestrians passing along a crosswalk, and to accurately manipulate the steering direction and brake system, thereby preventing accidents.

Nevertheless, the Defendant neglected this and received the victim E (the age of 77) who passed the crosswalk in accordance with the pedestrian signals by negligence in contravention of the stop signal, in front of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die from the above occupational negligence at G Hospital located in Daegu-gu, Daegu-gu, on July 17, 2020, at around 21:56, due to the diveropic shock.

Summary of Evidence

1. The defendant's legal statement, the actual condition survey report and photograph;

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 Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

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

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

2. Scope of the recommended punishment according to the sentencing guidelines: From August to two years (Determination of type): General traffic accidents [Type 2], the element of mitigation of traffic accidents [including special sponsor]: Where the illegality is serious (excluding signal violations and violation of obligation to protect pedestrians) in Article 3 (2) (proviso) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents (excluding signal violations and violation of obligation to protect pedestrians) (the scope of recommending area and recommendation), the basic area of traffic accidents (the scope of punishment) and the period of imprisonment without prison labor for August to two years;

3. The defendant who has rendered a sentence shall green by negligence when he has violated the signal.

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