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(영문) 대구지방법원 서부지원 2019.08.14 2019고단46
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 set of automobiles B.

On October 17, 2018, at around 19:48, the Defendant is driving along a two-lane road in front of the station located in the elderly military C, along with one lane from the traffic side to the elderly Eup.

The lanes have changed to two lanes.

In such cases, there was a duty of care to prevent accidents in advance by thoroughly operating a driver of a motor vehicle, and operating a steering boat and brake in a safe manner by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected this and went beyond the floor by taking the victim E (the age of 46) who illegally crossed from the left side of the course to the right side of the vehicle without permission.

Ultimately, at around 11:42 of the same month, the Defendant caused the victim's death by occupational negligence, thereby resulting in the death of the victim from an external wound in G Hospital located in the Nam-gu Daegu-gu F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Notification of the actual survey report, autopsy report, and results of the analysis of traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The instant traffic accident occurred due to the Defendant’s negligence in the course of performing his duties, which did not properly explain the reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution, and there was a serious result that cannot be complied with due to the victim’s death. Therefore, the Defendant requires strict punishment.

However, the fact that the defendant recognized the facts of crime, agreed with the bereaved family members of the victim, and there is no record of criminal punishment exceeding the fine, etc. shall be considered as a favorable condition to the defendant, and the age, character, character, environment, family relationship of the defendant.

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