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(영문) 대구지방법원 포항지원 2020.05.12 2020고단236
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives K5 taxis.

On January 24, 2020, the Defendant driven the above taxi on January 18:15, 2020, and proceeded along the two-lanes from the direction of the port section in the direction of the port section to the point ahead of the "D" modeled "D" modeled in the north-gu Office C at the port of port.

Since a crosswalk is installed at a front door, in such a case, the driver of the motor vehicle has a duty of care to check whether there is any person who gets on the crosswalk in order to take the front door and left door well, to reduce the speed before entering the crosswalk, and to check whether there is a person who gets on the crosswalk and prevent the accident.

Nevertheless, when the defendant neglected this and entered the crosswalk without speed, the defendant did not discover the victim E (Woo, 78 years old) who opened the crosswalk to the right side from the left side of the running direction of the defendant, and received the victim from the front side of the defendant's taxi.

Ultimately, at around 01:53 on January 25, 2020, the Defendant caused the victim to die from the Ulsan National University Hospital located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, 877.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A death certificate;

1. Application of each statute on 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, and Article 268 of the Criminal Act.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The death of a victim is caused by negligence in the operation of a decision of sentence.

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