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(영문) 대구지방법원 영덕지원 2018.02.09 2017고단299
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a car in Ctheme.

At around 10:10 on November 20, 2017, the Defendant driven the above car, and accessed the Sari-gun Court Sari-gun’s Sari-gun’s Sari-gun’s Sari-gun’s Sari-gun’s Sari-gun’s Sari-gun’s Sari-gun’s Sari-gun’s Sari-ray, and transferred it to a nutrition post office’s right, and then made it turn to the left at about 20 km of the Sin-

At this point, the center line of yellow solid lines is a road where the center line is located and a sidewalk for pedestrians is installed. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by examining well whether there is a pedestrian driving on the sidewalk without breaking the center line.

Nevertheless, when entering the E-art parking lot as above, the defendant did not look at the victim F (n.e., 77 years old) who was at the center of the central line and did not look at the victim F (n.e., 7 years old) and took place as it is. The defendant got the victim who was at the same time to take the front part of the driver's car.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to cerebrovascular and salivosis in his/her workplace.

Summary of Evidence

The defendant's legal statement G reports on the occurrence of traffic accidents in the police statement statement protocol by the police, report on the occurrence of a change, death report, death report, de facto investigation report, site photo, driver's license register, vehicle-related inquiry register, inspection report (in the event of an accident, a report on the confirmation of the reproduction of CCTV images) and attached data, and the reason for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, Article 268 of the Criminal Act, Article 62(1) of the Criminal Act, Article 62(1) of the Criminal Act / [type of a decision] The grounds for sentencing under Article 62(1) of the Criminal Act / [Special Sentencing Person] mitigated in the general traffic crime: the punishment source [Recommendation and sentence] mitigated (4 months to 1 year).

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