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(영문) 대구지방법원 2018.11.21 2018고단4426
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 vehicle B with low investment.

On March 31, 2018, the Defendant driven the above car at around 05:45, and driven the three-lane roads in front of the D Hospital located in Daegu Dong-gu, Daegu Dong-gu, about 69km each hour according to the four-lane distance from the front side of the D Hospital at the Dong-gu, Daegu.

At that time, the range of speed limit of 60km per hour is a new wall, and at that time, it was not good for pedestrians to leave the slope, and the possibility of pedestrians to cross without permission can not be ruled out. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the front, left, and right while complying with the speed limit.

Nevertheless, the Defendant neglected this and changed the vehicle to a two-lane in order to overtake the vehicle above, and found the victim E (V, 67 years old) who was crossing the crosswalk on the right side from the left side of the Defendant’s vehicle by the negligence of driving the vehicle at a speed of 70 km per hour, and then went beyond the victim with the part above the left side of the Defendant’s vehicle.

Ultimately, the Defendant’s occupational negligence caused the death of the victim from serious cerebral cerebral cerebral cerebral cerebral cerebral Bribery at the 130 North Korean University Hospital in Daegu-gu, Daegu-ro, 130, on September 1, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A death certificate;

1. Reporting on the occurrence of a traffic accident and the application of Acts and subordinate statutes on the report of a traffic accident;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act lies in the occurrence of a serious consequence of the death of the instant crime, and the victim who illegally crossed the instant accident is also partly responsible for the occurrence of the instant accident.

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