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(영문) 대구지방법원 김천지원 2017.06.13 2017고단413
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaging in driving a rocketing car.

On December 28, 2016, the Defendant driven the above car at around 16:04, and continued the front road of the apartment of the Do Rabcare staff members located in 20 as Gu and Si/Gu as Gu and Gu.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to prevent accidents in advance, such as a person engaged in driving service, who is well sees the right and the right of the front side of the crosswalk and the driving of the crosswalk in accordance with the proceeding signals.

Nevertheless, the Defendant neglected to enter the crosswalks in violation of the signal and received C(64) a victim C(64) who gets a bicycle on the left-hand side of the Defendant’s right-hand side from the Defendant’s right-hand side of the vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Gu-U.S. Hospital affiliated with the Macheon-do University, which was located in the 179 Si/Gu-U.S. Corporation around 23:24 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. A H statement;

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

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs of each accident;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;

2. The Defendant, at the time of the instant crime, committed a traffic accident in violation of the signals and caused the death of the victim.

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