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(영문) 대구지방법원 서부지원 2019.05.16 2018고단2255
교통사고처리특례법위반(치사)
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.

On April 25, 2018, at around 17:20, the Defendant made a turn to the left of the road in front of the long distance of the common intersection road located in 986, from the south of the right, from the traffic of the elderly group to the intersection of the elderly group.

Since there is an intersection where signal lights are installed, there was a duty of care to check whether a person engaged in driving service is a motor vehicle in the opposite line, and to check whether there is a motor vehicle in the opposite line, and to make a left-hand turn to prevent accidents.

Nevertheless, by negligence of failing to make a left turn at the opposite line, the front part of the DFS car driven by C(75 years old) which was driven by C(75 years old) to the right side of the right side of the opposite line was shocked by the front part of the DFS car.

Ultimately, the Defendant caused the death of the victim E (V, 75 years of age) who was on board the said free car due to occupational negligence as seen above, from G hospital emergency room in Daegu-gu, Daegu-gu, Seoul-gu, to a multiple long-term vision.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and C;

1. Application of the actual condition survey report, on-site photographs, field photographs, verification photographs, the ledger of driver's license, chassis, mandatory insurance, video-faging photographs, CDs, and statutes;

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

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [special sponsers] - The elements of mitigation: Inspons (including serious efforts to recover damage) [the area of recommendation and the scope of recommendation] mitigation area, and credit cooperatives.

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