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(영문) 대구지방법원 김천지원 2019.09.11 2019고단689
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a two-way passenger car.

At around 10:40 on May 8, 2019, the Defendant driven the said car on the one-lane road in front of the entrance of the village in Kimcheon-si, Kimcheon-si, and continued to run from the three-lanes at the entrance of the steering gate to the long-distance slope.

Since there is a crosswalk installed, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the steering and steering the steering gear accurately after temporary stop.

Nevertheless, the Defendant neglected this and led the Defendant to cross the said road to the right side of the victim D(75 years old) who crosses the said road from the left side of the Defendant’s running direction, and got the victim to go beyond the ground floor.

After all, the Defendant caused the above victim's death by occupational negligence on the same day at the F Hospital located in Guro-si E at around 15:16 of the same day due to severe cerebral cerebralop, etc. due to traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of documents of cases on internal investigation);

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, Article 268 of the Criminal Act, and selection of

1. The main sentence of Article 62 (1) of the Criminal Act;

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents (Type 2], the death of traffic accidents (special person) - The factors of mitigation: the reduction of punishment (including serious efforts to recover damage): the reduction area and the scope of recommendation] mitigation area, the imprisonment without prison labor for up to 4 months (general person) - the mitigation element: the comprehensive motor vehicle insurance policy (the grounds for suspension of execution of sentence).

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