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(영문) 대구지방법원 서부지원 2018.11.14 2018고단742
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 who is engaged in driving a CMW car.

On February 15, 2018, the Defendant driven the above car at around 19:15, and turned the front of the 1895 Daegu Bank located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, to a half-round four-distance outflow.

Since there was a road where a crosswalk was installed, the driver who passed the bypassed road had a duty of care to safely drive the crosswalk after checking whether there was a person walking the crosswalk by checking well the right and the right and the right.

Nevertheless, the Defendant was negligent by failing to properly examine the right and the right and the right and the right and the right and the right and the victim D (45 years old) who gets a bicycle to the right and walked on the crosswalks from the left side of the direction of the Defendant’s proceeding to the right and walked on the crosswalks.

Ultimately, the Defendant’s occupational negligence caused the death of the victim due to an external cerebral cerebral cerebral cerebral cerebral cerebral Bribery at the Gyeong-gu, Daegu High-ro, 130, Daegu High-ro, 130 on February 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs and photographs by cutting a black stuff;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has resulted in the serious consequence that the crime of this case was committed, on the other hand, the confessions of the defendant and reflects against the defendant, and the victim crossinging the crosswalks on the bicycle is partly responsible for the occurrence of the accident, the defendant has agreed with the victim's bereaved family members, and the marine vehicle is covered by a comprehensive insurance, the defendant is the primary offender, and the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, etc.

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