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(영문) 대구지방법원 서부지원 2018.07.11 2017고단2494
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On September 21, 2017, the Defendant operated the above car around 05:45, and proceeded with D's front road located in Daegu Seo-gu, Seo-gu, with a four-distance outflow from the four-distance outflow.

At the time, a new wall and a place where people have frequent access. In such a case, the Defendant, who is engaged in the automobile driving duty, has a duty of care to prevent accidents by thoroughly operating the front door and the left door door door, and safely.

Nevertheless, as the Defendant neglected to do so and neglected to do so, the Defendant did not see the victim E (the age of 78) who illegally crossed the road from the right side of the running direction to the left side of the Defendant and received the front portion of the said car.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on September 21, 2017, at the Daegu-gu Two-Class Park, Nam-gu, Daegu-gu, Seoul-gu, to cause the victim to die due to multiple trauma.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] [the mitigated area of Class 2 (Death by Traffic Accidents) [the person with a special mitigated punishment] [including efforts to recover damage] the serious result of death caused by the instant crime], the victim crossinging the road on pedestrian red signals is also partly responsible for the occurrence of accidents, the defendant reflects the fact that the defendant has agreed with the victim's bereaved family members, and the vehicles are covered by comprehensive insurance, and the defendant has no specific criminal history.

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