(영문) 대구지방법원 2014.07.22 2014고단1733

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2014.07.22 2014고단1733

교통사고처리특례법위반

Text

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

except that 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 engaging in driving a rocketing car.

At around 18:50 on January 1, 2014, the Defendant operated the said car, and neglected to perform his duty of care in the horizontal distance from the two-lanes of the front side of the Taedong-gu, Taedong-gu, Daegu to the new market, and caused the Defendant’s negligence to the left side from the Defendant’s running direction to the left side of the crosswalk, and caused the Defendant’s injury to the victim D (e.g., the age of 79) who walked on the crosswalk in violation of the pedestrian signal, on the left side of the road.

At around 19:34 of the same day, the Defendant caused the death of the victim in an emergency room of the Gyeongbuk-gu University Hospital in Daegu-gu, Daegu-gu, to be caused by a decrease in circular blood volume.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The ground for sentencing under Article 62(1) of the Criminal Act shall be determined as the Disposition, taking into consideration all the factors of sentencing including the following factors: (a) the type 2 of general traffic accident (the type of traffic accident death) and the area of special mitigation (the class 2 to October) (the special mitigation) where the victim was negligent in the occurrence of traffic accident or the expansion of damage; (b) the victim's failure to punish (including efforts to recover damage); (c) the occurrence of the instant accident occurred while the victim illegally crosses the crosswalk on the pedestrian red signal without permission; (d) the defendant agreed with the bereaved family of the victim; (e) the bereaved family of the victim does not want the punishment of the defendant; (e) the vehicle

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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