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(영문) 대구지방법원 2018.04.12 2018고단350
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle B1 ton.

On November 19, 2017, the Defendant came to proceed at a speed of about 60km per hour, depending on one lane among the two-lane roads, which are located in Daegu Suwon-gu C, at the front of the D road, from the front of the D, which is located in the Daegu Suwon-gu, Daegu-gu, as a large-class intersection, in accordance with one lane among the two-lane roads.

At that time, the victim E (69) was under the influence of unauthorized crossing, so there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce speed and to check the right and the right and the right and the right, and to accurately manipulate the steering gear and the operation of the steering system in a safe speed and manner.

Nevertheless, the Defendant neglected this and did not properly examine the right and the right and the right, and did not avoid the victim who illegally crosses the right from the right and the right and the right and the Defendant got the victim as the front part of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant’s negligence on November 19, 2017 caused the death of the victim who was receiving medical treatment at the Gyeong-gu, Daegu-ro 130, Jung-gu, Daegu-ro (130) due to the above occupational negligence, resulting in the death of the two traumas.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report, and an accident scene photograph;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing criteria apply: Special mitigation area (from February to one year) to which the special mitigation area is applicable: In cases where the injured party has gross negligence on the occurrence of traffic accidents even if the injured party is also at fault, no penalty shall be imposed;

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided and reflected in the crime of this case.

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