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(영문) 대구지방법원 서부지원 2018.01.11 2017고단1647
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 vehicle in CM520.

On January 27, 2017, the Defendant driven the above car at around 14:40, in Daegu-gu, Seo-gu D, and driven the front of the road in E and the front of the two categories into the four-lane four-lanes of the four-lanes from the four-lane boundary to the four-lane four-lanes of the two-lane boundary.

Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected to comply with the stop signal and received the front wheel part of the victim F (F) driving G 110C 124C 124C of the victim F (F, South, 74 years old) who cross the crosswalk from the left side of the crosswalk in accordance with the pedestrian signals due to the negligence of violating and straighting the stop signal.

Ultimately, the Defendant caused the death of the victim due to the pulmonary pulmonary pulmonary pulmonary mar in the Yong-Namnam University Hospital around 05:49 on February 25, 2017 due to the foregoing occupational negligence by the Defendant’s death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, an accident-related photograph, a fact-finding report, and a report on internal investigation (Evidence List 6,9);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area (8 months to 2 years) of the two types of traffic accidents (the death of traffic accidents) [the person subject to special sentencing] [the decision of the sentence] the determination of the sentence causing large degree of violation of the defendant's duty of care and serious result of the victim's death, and the victim also did not comply with the Road Traffic Act, such as cutting off the crosswalk at a rapid speed.

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