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(영문) 대구지방법원 2020.10.15 2020고단3168
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor bicycle BGTS125.

On May 24, 2020, the Defendant driven the above two-wheeled vehicle at a speed of 67.50km to e/69.55km from the pento-distance to E from the pento-distance, on May 24, 2020, while driving the said two-wheeled vehicle at a speed of 67.5km to E.

At the time, the road was located at night, and the speed limit was 30 km a speed, so in such a case, the driver of the vehicle had a duty of care to prevent accidents in advance by accurately operating the steering system and the steering gear and the steering system and operating it safely by complying with the speed limit.

그럼에도 불구하고 피고인은 이를 게을리 한 채 제한속도를 시속 30km이상 초과하여 진행한 과실로 때마침 피고인의 진행방향 좌측에서 우측으로 위 도로를 횡단하던 피해자 F(여, 75세)를 피고인이 운전하는 위 이륜차량의 전면부분으로 들이받고, 그 충격으로 피해자가 튕기면서 우측에 주차되어 있던 차량에 부딪히게 하였다.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the emergency room of the Ganbuk University Hospital located in 130, Daegu-gu, Daegu-gu, where the victim was under the follow-up treatment at around 22:50 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Application of Acts and subordinate statutes to the certificate of death of a survey report on actual condition;

1. A favorable condition, such as the fact that the victim died due to the mistake of the defendant for the reason of sentencing under Article 3(1) of the relevant Act of criminal facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the liability for the crime of this case is not minor, the crime of this case has been committed during the period of probation, and the traffic-related crimes are multiple, and the defendant reflects the wrongness.

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