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(영문) 대구지방법원 2019.09.18 2019고단3665
교통사고처리특례법위반(치사)
Text

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

However, 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

On March 5, 2019, at around 11:25, the Defendant driven B Poter Cargo Vehicles, and led the front road of the Animal Sanitation Laboratory in Daegu North-gu, Dongcheon-gu, Daegu-gu, to run the front road of the Animal Sanitation Laboratory from the Guri Road Protection Area to the C Apartment-gu.

Since there is a limited speed at 30 km per hour, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents by complying with the speed and speed of the vehicle, and operating the steering gear and brakes accurately.

Nevertheless, without neglecting this, the defendant's negligence of driving the above cargo at a speed of 62 km a speed of 62 km, and caused the victim's bicycle driving side of the victim D(79 years old) who was changing course at the front side of the vehicle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence, which was receiving medical treatment at the Jung-gu, Daegu District University Hospital around 17:45 on March 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual survey report, and a traffic accident analysis report;

1. Photographs of the accident site;

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 and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2] the death of traffic accidents [Special Convicted Persons] - The mitigation element: In the event that the victim has gross negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the recommended area and the scope of recommendation], special mitigation area, imprisonment without prison labor for two months to one year [the general sentencing person] - the mitigation element: the purchase of comprehensive motor vehicle insurance - the aggravation element: other factors falling under the proviso of Article 3(2) of the Special Act on the Settlement of Traffic Accidents.

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