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(영문) 대구지방법원 영덕지원 2019.08.28 2019고단97
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 driving the B B, B, and B, and B.

around 04:40 on April 17, 2019, the Defendant driven the above motor vehicle and proceeded with the national highway No. 7, prior to the Diplomatic Association "D Diplomatic Association" located in Young-gun C, Chungcheongnam-gun, in the speed of about 70 km from the Young-gu side to the port of port.

At the time, the crosswalk and signal are installed, so in such a case, the driver of the vehicle had a duty of care to prevent the occurrence of the accident by safely driving the vehicle, such as checking the right and the right and the right and the right and the right and the right, complying with the traffic signal.

Nevertheless, the Defendant did not properly examine the front side and the right and the right and the right and the right and the right and the right and the right and the Defendant did not discover the victim E (V, 72 years old) who dried the crosswalk in accordance with the pedestrian signal from the left side of the trucking vehicle on the left side of the Defendant’s driving, and received the victim as the front part of the said truck.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on June 13, 2019, at the Gyeongbuk University Hospital located in Jung-gu, Daegu, Daegu, 130, thereby causing the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G Police Statements;

1. Each report on investigation;

1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and an investigation report on the enemy;

1. A death diagnosis report and a written record of autopsy;

1. Application of the Acts and subordinate statutes on photographs and CCTV video CDs;

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 "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2] - Death of traffic accidents (special sponsor] - mitigated factors:

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