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(영문) 대구지방법원 포항지원 2019.09.19 2018고단951
교통사고처리특례법위반(치상)
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 who is engaged in driving a KS7 car.

On April 30, 2018, the Defendant driven the above car at a speed of 07:00, while driving it at the port of South and North Korea at the port of port, and proceeded at a speed of not being known to C from the direction of the transmission route to C.

Since there is an intersection where a signal is installed, there was a duty to safely drive a motor vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim E (the 61-year-old driver) driver’s motorcycle-mix motor bicycle (108.9c) and did not discover the victim E (the 61-year-old driver’s license), which was proceeding from the D side by the negligence of entering the intersection, with a red signal in violation of the signal, and caused the victim to go beyond the ground.

Ultimately, around November 5, 2018, around 05:48, the Defendant caused the victim to die due to the aggravation of the heart of the detailed heart in Goyang-si Hospital located in Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. A death certificate or a reply to medical advice;

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 for traffic crimes: General traffic accident [Type 2] mitigation element of traffic accident resulting [special sentencing]: In the event that the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not punished (including the recommended area and the scope of recommendation] (including the advanced effort to recover the damage), special mitigation range, and credit cooperative.

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