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(영문) 대구지방법원 서부지원 2018.06.08 2017고단2560
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM5 vehicle.

On June 20, 2017, the Defendant driven the above car on June 20, 2015: 05:19, and continued the front of the new distance in front of the new distance in 223 as the compensation for the Seo-gu government bond.

At the time, there is a road with a speed of 60 km per hour, and at the time, the victim D(60 cc) was crossinged without permission. In such a case, the Defendant engaged in driving service had a duty of care to accurately manipulate the steering direction and operation system and to safely proceed by controlling the speed in advance.

Nevertheless, the defendant neglected this and got the victim as the front part of the left-hand side of the said vehicle due to the negligence that was proceeding immediately without making or operating the vehicle immediately.

Ultimately, the Defendant caused the death of the victim at the Daegu Tol University Hospital, which was located at 17:3, the 16:45 Daegu Nam-gu Two Park on the same day due to the above occupational negligence, due to low blood transfusion shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Image data photographs, notification on the analysis of traffic accidents (Road Traffic Authority), and investigation reports (verification of speed limit to the scene of accidents);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant’s negligence of excessive driving and the result leading to the death of the victim; (b) the victim unauthorized crossings; (c) the victim is covered by a comprehensive insurance; (d) the victim’s bereaved family members have agreed with the victim; and (e) other circumstances revealed in the argument of the instant case.

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