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(영문) 대구지방법원 김천지원 2019.02.13 2018고단1326
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who drives B Poter trucks.

On November 5, 2018, at around 13:35, the Defendant continued the front road D in Kimcheon-si, Kimcheon-si, at the speed of 72 km from the side of the front road, to the breadth.

Since there is a crosswalk on which signal lights are installed at each front door, there was a duty of care to reduce the speed to the driver of a motor vehicle and to safely drive the motor vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to go beyond the ground floor by taking the victim E (the age of 54) who crosses the crosswalk from the right side to the left side in accordance with the pedestrian safety by the negligence of continuing to go beyond the stop signal of the vehicle.

Ultimately, the Defendant caused the death of the victim in the G Hospital’s middle-patient room located in Kimcheon-si F on the same day at around 18:47 Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and the photographs attached thereto on the scene of accident;

1. Application of Acts and subordinate statutes to investigation reports (related to the attachment of documents of different cases);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act for an order to attend a lecture [decision of type] for a general traffic accident (decision of type] (decision of the person causing a traffic accident): Reduction elements of punishment [decision of the recommended field] mitigated area] [Scope of recommendation] 4-1 year [general-year reduction element] mitigation element: Cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning Traffic (decision of Suspension of Execution of Sentence] - Main reasons for writing (decision of Suspension of Execution of Sentence): In cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning Traffic (decision of Suspension of Execution of Sentence] - General reasons for writing (Unesteem of Execution) - In cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning Traffic: Social relation.

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