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(영문) 대구지방법원 2016.01.21 2015고단5670
교통사고처리특례법위반
Text

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

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 who is engaged in driving of Doz vehicles.

On October 16, 2015, the Defendant driving the above vehicle at around 12:08, and driving the vehicle at around 12:08, and driving the vehicle at the direction of the Twit-distance in the direction of the Twit-distance, one way among the two lanes in the middle of the 150th century, in the middle of the 150th century.

Since a crosswalk is installed at a front door, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the crosswalk by checking whether there is a pedestrian, and accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and proceeded on by negligence, and received the body of the victim E (Woo, 84 years old) who dried the crosswalk from the left side of the direction to the right side of the direction, and received the front part of the above vehicle.

As a result, the Defendant caused the death of the G hospital located in Daegu-gu, Daegu-gu on October 16, 2015 due to the above occupational negligence, which was caused by the death of the patient due to the climatic depression, etc. at the G hospital located in the same Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. As a result of the serious result of the death of a victim due to the instant accident in which a sentence of sentence was rendered, the nature of the crime shall not be negligible;

However, the arguments of this case are shown in the arguments of this case, such as the fact that the defendant is against the nature of the accident of this case, the circumstance of the accident of this case, the fact that there was an agreement with the bereaved family members of the victim, the fact that there was no criminal record of suspension of execution or more, and the age, sex, intelligence and environment of the defendant, motive, means and result of the crime,

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