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(영문) 대구지방법원 2019.03.14 2018고단5803
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years 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 B-Wood vehicle.

around 06:00 on October 13, 2018, the Defendant driven the said car and proceeded ahead of the “D” restaurant in Gyeongsan-si C with the front of the “D” restaurant in Gyeongsan-si.

At the same time, the speed of restriction is 60km per hour and the pedestrian signal is installed in the front door, so in such a case, the driver has a duty of care to safely drive the vehicle to prevent the accident by safely driving the vehicle, such as checking whether there is any person to reduce the speed in front of the crosswalk and to see well the right and the right and the right of the crosswalk, while observing the speed limit.

Nevertheless, the Defendant, while driving at a speed exceeding about 26 km per hour without reducing speed in front of the crosswalk, was negligent in failing to see the front door well, and the Defendant’s victim E (e.g., 70 years old) who dried the road along the above crosswalk on pedestrian red signal.

At around 06:35 on the same day, the Defendant caused the victim's death by occupational negligence in G Hospital located in M in M in M in M in M in M in M in M in M in M in M in M in M in M in M in M

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Investigation reports (speed of vehicles at the time of the accident) and traffic accident analysis, and the application of statutes;

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 [the sentencing guidelines] shall be limited to traffic crimes [the type 2] and the causes of traffic accidents [the special sentencing] mitigation factors: victim shall also have substantial negligence in the occurrence of traffic accidents or the expansion of damage, not subject to punishment (including efforts to recover damage), and special mitigation factors (including the recommended area and the scope of recommendation).

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