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(영문) 대구지방법원 포항지원 2019.09.19 2019고단911
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by ten 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 of B digging machines.

On May 15, 2019, the Defendant driven the above digging rangeer around 06:35, and proceeded along the four-lanes in front of the D in south-gu C at the port of port along four-lanes from the side of the square to the intersection of the square.

Since there is a crosswalk where signal lights are installed on the front door of that place, in such a case, the driver of the motor vehicle had a duty of care to live well on the front door and the left door, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected to do so and caused the victim E (the 65 years old) who gets on the left side of the defendant's driving direction by disregarding that the vehicle driving signal is red-lighted and proceeded as it is, to go beyond the above tamper, by taking the victim E (the 65 years old) who gets on the bicycle along the pedestrian signal.

Ultimately, the Defendant caused the death of the above victim by occupational negligence, i.e., multi-facel wound.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. The actual condition survey report;

1. A corpse of corpse;

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 (the scope of recommendation and recommendation), and April through one year;

3. The sentence of imprisonment without prison labor shall be selected in consideration of the fact that a case causing the death of a victim by negligence resulting in the death of a victim, and the defendant who is the first offender.

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