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(영문) 대구지방법원 2020.02.05 2019고단5384
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On June 18, 2019, the Defendant driving a B car at around 21:20 on June 21, 2019, which led to the trade route in Daegu Dong-gu to the two-lanes of the vacant tunnel from the boundary of the white zone to the vacant slope of the mountain tunnel.

In such cases, the defendant, who is engaged in the driving of motor vehicles, has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe way.

Nevertheless, the Defendant neglected to drive the car and caused the victim C (ma, 55 years old) who was on the right side of the driving direction of the said car by taking the street trees and the traffic sign pole column on the front part of the said car as the front part of the said car.

결국 피고인은 위와 같은 업무상과실로 피해자로 하여금 2019. 6. 18. 22:10경 대구 동구 D에 있는 E병원에서 치료를 받던 중 가슴으깸 손상으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written autopsy and appraisal;

1. Each photograph: "accident site", "victim", etc.

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

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

2. The range of recommendation [decision of types] according to the sentencing guidelines for traffic accidents [Type 2] The death of traffic accidents (special person) - The mitigated element: In the event that the victim has been negligent due to considerable negligence in expanding damage, the court shall not impose punishment [the scope of recommendation area and recommendation area] special mitigation area, imprisonment without prison labor for 2 to one year [the general person] - In the case of free winners by any subparagraph, a motor vehicle comprehensive insurance policy, a serious reflectr [the grounds for suspension of execution] - Major prides: the victim is negligent in expanding damage.

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