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(영문) 대구지방법원 2019.10.31 2019고단4834
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 27, 2019, the Defendant driven the above car at around 20:06, and continued the front road of the Cheongbuk-do, Chungcheongnam-do, Cheongmun-do to the same surface of the Gyeongcheon-si, Gyeongmun-do.

At the time, night, and the road was located on the front side, and at that time, there was a duty of care to check whether a person engaged in driving a motor vehicle is crossing the road by using a crosswalk and to safely drive the motor vehicle in order to prevent accidents in advance.

Nevertheless, the defendant neglected this and found the victim D (the age of 77) who crosses the road using the crosswalk at the latest later, and caused the defendant's car driving seat and white part to go beyond the road by shocking the head of the victim's vehicle.

Ultimately, around May 27, 2019, the Defendant caused the victim's death by occupational negligence, such as multi-live trauma, etc. while receiving treatment from a F Hospital located in Busan City E on May 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Report on the occurrence of a traffic accident;

1. Reporting on the occurrence of traffic accidents or accidents, and suggestion for direction;

1. Application of Acts and subordinate statutes to report internal investigation (based on the confirmation and analysis of CCTV installed around the site);

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 scope of recommendations according to the sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a type] The General Traffic Accident Prevention Board [Class 2] the mitigation element of traffic accident death [special sentencing]: The mitigation element (including efforts to recover damage): the mitigation range (including the recommended area and the scope of recommendations) and the mitigation range of imprisonment without prison labor for April to one year.

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