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(영문) 대구지방법원 2018.04.12 2018고단660
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a vehicle with C low typ.

On October 11, 2017, the Defendant driven the above car at around 21:50, and led to the passage of the four-distance road in front of the north-west of Daegu Northern-gu, by two-lanes in the direction of the live market from the high-speed area to the high-speed area.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by properly examining the front, rear, and left and left.

Nevertheless, the defendant neglected this and went beyond the road by taking part of the victim D, who was crossing the right from the left side of the right side of the defendant's running direction, without permission, to the right side of the victim D (n, 73 years old).

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Gyeong-gu Incheon Metropolitan City University Hospital located in 130, Daegu Jung-gu, 22:34 on the same day due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition 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 into and reflected in the crime of this case.

The fault of the victim who illegally crossed at night became the cause of the instant accident.

Vehicles operated by the defendant are covered by a comprehensive insurance.

The defendant is a victim.

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