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(영문) 대구지방법원 2017.10.19 2017고단3214
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM3 car.

On May 9, 2017, the Defendant driven the above car at around 23:10, and led the four-lanes of the crosswalk, which are located in the 17-gu flow of the Daegu Suwon-gu, to proceed along the two-lanes of the pedestrian crossing, using the two-lanes of the Jungdong-gu.

Since a crosswalk is installed at the front of that place, the driver of the motor vehicle has a duty of care to check whether there is a person who gets involved in driving the motor vehicle to reduce the speed and to check the front side and the left side well, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant failed to discover the victim E (68) who is crossing the crosswalk without permission due to his/her negligence in performing his/her duties at the front of the car driving by the Defendant, and due to his/her negligence, received the victim as the front part of the car driving by the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the emergency room of the Ggu Jung-gu Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. Application of statutes to field photographs, photographs of victims, and survey reports on actual conditions;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing) of the suspended sentence [the scope of recommendation] The ground for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") / [the scope of recommendation / [the range of two types of general traffic accidents (the period from February to 1)] / In the event that the victim was negligent in causing traffic accidents or expanding damage, the victim is not subject to punishment (including efforts to recover damage), / the decision of sentence] as follows, and the age, sex, family relationship, family environment, motive and means of committing the crime.

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