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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1463
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by eight 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 engaging in driving a motor vehicle B.

On September 17:45, 2019, the Defendant driving the said car and driving it on the front side of the Southern-gu C apartment Ddong at the port of port, led to the left turn to the right turn at an irregular speed in the direction of the public library at the beginning of the second grade of the Ethy high school.

Since there are many houses for the traffic of ordinary pedestrians, in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving a motor vehicle has a pedestrian in the vicinity by checking well the right and the right and the right of the motor vehicle, and accurately manipulating the steering system and the brake system.

Nevertheless, the defendant neglected this and did not find the victim F (78 years old) who was seated on the left side of the road on the front side of the passenger car of the defendant, and did not go beyond the road, due to the negligence of proceeding.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the above 20:20 on the same day from a hospital located in Nam-gu G in South-gu G at the port at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. The actual condition survey report;

1. A death diagnosis report and a written record of autopsy;

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. Scope 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 (including 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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