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(영문) 대구지방법원 김천지원 2017.04.25 2017고단97
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 18, 2016, the Defendant driven the above car at around 17:45, and driven the two-lane road in front of D in Kimcheon-si, Kimcheon-si, along the two-lane road, the Defendant proceeded at a speed of about 50km in speed from the surface of the sex high school to the surface of the city in Kimcheon-si, Kimcheon-si.

At the time, a crosswalk was installed at the front of the running direction of the said vehicle, and there was no signal signal, so in such a case, the driver had a duty of care to safely drive the said vehicle by checking whether there was a person who gets on a road by reducing the speed, driving the right and the left and right of the vehicle and cutting the crosswalk.

Nevertheless, by negligence, the Defendant neglected this and proceeded as it is, received the victim E (the age of 82) who walked on the right side from the left side of the running direction of the said vehicle to the front part of the said vehicle, and had the victim go beyond the floor.

As a result, the Defendant caused the victim to die due to the negligence in the above occupational negligence on November 20, 2016, by damaging the function of the various growth season at the Gyeong-gu, Daegu-gu, Daegu-ro 130.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Reporting on the occurrence of a traffic accident, actual investigation report, and report on the occurrence of a traffic accident and suggestion for direction;

1. A death certificate;

1. Application of Acts and subordinate statutes to scene photographs of victims of accidents;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Application of the sentencing guidelines [the scope of recommended punishment] General Traffic Accidents Act No. 2 (Death and Injury by Traffic Accidents) (from April to one year) (the person who is specially mitigated) is not subject to punishment.

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