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(영문) 대구지방법원서부지원 2020.09.03 2019고단3737
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a EXE car.

On September 8, 2019, the Defendant driven the said car and got to turn to the left at a speed of about 28km from the two parallels, while driving the front road of Daegu-gu C from the 2nd police box to the D building at a speed of about 28km.

A driver has a duty of care to make a left turn after checking the right and the right and the right and the right and the right are safe before making a left turn to a person engaged in driving service.

Nevertheless, the defendant neglected this and received the victim E (22 years old) who crosses the crosswalk from the right side of the proceeding to the left side by negligence, and received the front part of the above vehicle.

Ultimately, the Defendant caused the victim E to die due to such occupational negligence on October 31, 2019, while receiving medical treatment at the Gyeongbuk University Hospital located in 130, Daegu Jung-gu, Daegu, Jung-gu, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation into the statement by the police on F (related to the same person as the 2th victim's statement records and video) and a report on investigation (related to the analysis of EDR);

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

1. A death diagnosis report and results of EDR analysis;

1. Application of the Acts and subordinate statutes to cut booms video images;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the occurrence of a serious consequence of the victim’s death by the instant accident is unfavorable.

However, the defendant confessions the crime of this case and repents the mistake, the victim's bereaved family does not want the punishment by mutual consent with the victim's bereaved family, the victim is negligent in the occurrence of a traffic accident, the defendant has no record of criminal punishment, and the age, character and conduct, environment, family relationship, and the means and result of the crime.

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