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(영문) 대구지방법원 서부지원 2018.09.19 2018고단345
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving Cone Star Motor Vehicle.

On November 30, 2017, the Defendant driven the above vehicle at around 18:00, and led to the front distance of the middle school in the 1929-ro Blue-ro of the Taegu-gun of Taegu-gu to a 2-year tree protection zone in the Hub City Hub City.

Since there is an intersection where signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has first entered the intersection and drive safely according to the new code.

Nevertheless, the defendant neglected to do so and did not stop without a stop, and due to the negligence of the fact that it was immediately left, the defendant did not have the number plate of the victim D(55) driving the above intersection from the left side of the defendant's proceeding direction to the right side of the defendant's vehicle and the one side of the defendant's driver's vehicle.

Ultimately, the Defendant’s negligence on November 30, 2017 caused the death of the victimized person at Daegu Tol University Hospital located in 17-gil 33, Nam-gu, Daegu, Nam-gu, 2017, due to the climatic damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic congestion and occurrence status, and a report on actual condition;

1. Photographss related to accidents and black images related to accidents;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution has resulted in a serious consequence of death due to the instant crime. On the other hand, confessions and reflects by the Defendant, the victim who driven a stobba in violation of the signal also is responsible for the occurrence of an accident, the Defendant agreed with the bereaved family members, and the stoba vehicle is covered by a comprehensive insurance, the Defendant is the primary offender, and the Defendant’s age, sexual behavior, environment, motive and background of the crime.

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