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(영문) 대구지방법원 김천지원 2021.02.04 2020고단1193
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 May 13, 2020, the Defendant came to turn to the left from C to D on the face of the Gu-U.S. Si around 11:53 on May 13, 2020

Since there is a three-distance intersection in which a yellow on-and-off signal is in operation, there was a duty of care to prevent accidents by driving safely by temporarily stopping before entering the intersection and driving on the front side and the left and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and was the victim E (W, 86 years old) who is proceeding with the right-hand turn from the off D room to the right-hand side of the day-line, and received the front front part of the pedestrian auxiliary vehicle for the driving of this 86 years old as the front part of the vehicle.

Ultimately, the Defendant caused the death of the victim in the G Hospital’s middle-patient room located in the Gu-U.S. Si F around 09:14 due to the above occupational negligence, thereby preventing the victim from being dead.

Summary of Evidence

1. Statement of the police made by the defendant to H in the court;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition of the accident, a survey report on the scene of the accident, an on-site photograph, a CCTV for crime prevention, photograph

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the death of traffic accident (including the person subject to special sentencing]: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage), and April through one year without prison labor;

3. That the decision-making victim of the sentence causes irreparable damage due to his death: Provided, That the bereaved family members of the victim are the prior wife of the defendant, and the number of running cars of the defendant.

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