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(영문) 대구지방법원 2019.10.31 2019고단4699
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 the driving of a cargo vehicle B.

On July 24, 2019, the Defendant driven the above cargo vehicle at a speed of 15:02, and led to turn to the left at a ethic speed from the ethic surface of the Do Association Seocheon-si to the ethic surface of the ethic bank located in Yongcheon-si C.

Since there is a place where traffic is not controlled, there was a duty of care to prevent accidents in advance by reducing the speed or driving a person engaged in driving service with a safe driving of the front left.

Nevertheless, the defendant neglected to turn to the left as it is and neglected to do so, and the victim F (77 years old) who crosses the road from the right side of the passenger car driving direction to the left side of the vehicle of the defendant was selected as the front driver of the vehicle of the defendant.

Ultimately, around July 26, 2019, the Defendant caused the death of the victim through occupational negligence, such as cerebral cerebral ma while receiving treatment at a H Hospital located in Daegu-gu G, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes for investigation report (Attachment of Suspected Vehicle Track Images);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The punishment shall be determined as ordered in consideration of the various circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc., in consideration of the following circumstances: The defendant's age, character and behavior, family relation, the victim's death is recognized and reflected in the circumstances favorable to the victim's death due to the occurrence of a traffic accident due to the defendant's occupational negligence; the victim's bereaved family member and bereaved family member agreed smoothly;

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