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(영문) 대구지방법원 포항지원 2020.03.26 2019고단1698
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 a K5-car.

On October 6, 2019, the Defendant driven the above car at around 18:10 and proceeded at a speed of about 30 km from the offside to the front side of the south-gu C at the port of port with the speed of about 30 km per hour from the offside to the front side of the port.

At the time, the Defendant entered a remote distance without signal lights, so in such a case, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as temporary suspension or slowly driving, in confirming whether another motor vehicle is entering the intersection by a person engaged in driving a motor vehicle.

Nevertheless, the defendant neglected to temporarily stop or stop without doing so, and caused the victim to go beyond the road by taking the front portion of the ESCOTRT110 motor bicycle driving on the right side from the left side of the defendant's car at the time of the defendant's negligence.

Ultimately, at around 21:59 on the same day, the Defendant caused the death of the victim from her occupational negligence to her external cerebral cerebral cerebral cerebral cerebral cerebral cerebral Bribery in South-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The actual condition survey report;

1. A death certificate;

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

3. The result of damage is caused by negligence in the decision-making of sentence resulting in the death of the victim.

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