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(영문) 대구지방법원 2020.05.13 2020고단6
교통사고처리특례법위반(치사)
Text

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

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

On November 7, 2019, at around 06:15, the Defendant driven a low-priced passenger vehicle B, and proceeded at a fsided speed from the E apartment room to the Fside, depending on the two-lane road in Daegu Northern-gu C.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the speed limit and accurately operating steering devices and brakes.

Nevertheless, the defendant neglected this and got the victim G (75 years old) who crosses the right from the left side of the running direction of the defendant's vehicle to the right side by his negligence, and got the victim G (75 years old) to go beyond the road.

Ultimately, at around 17:00 on November 10, 2019, the Defendant caused the victim to die due to the occupational negligence, such as the exposure to the external wound, which was being treated by the 130 Gyeong-gu Jungdong University Hospital in Daegu, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents and notification of results of analysis;

1. Police investigation report (referring to measuring at the distance of the accident point);

1. Each photograph: “accident site” and “CCTV images closure”;

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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] - the death of a traffic accident (special person) - the mitigation element: In the event that the victim has a considerable negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to the punishment [the scope of the recommended area and the recommended punishment], the special mitigation area, the imprisonment without prison labor for two months to one year [the general person] - the mitigation element: the purchase of a comprehensive motor vehicle insurance policy and the serious one half of execution period [the reasons for the suspension of execution]: major pride.

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