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(영문) 대구지방법원 김천지원 2019.09.03 2019고단714
교통사고처리특례법위반(치사)
Text

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

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 who is engaged in driving of a freight truck B high-class three workshops.

On May 3, 2019, at around 17:05, the Defendant came to proceed along the intersection of the blind distance in front of the building Kimcheon-si, along the two-lanes in the direction of the set distance.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing the speed and by properly examining the front side and the right and the right.

Nevertheless, the defendant neglected this and got the victim D (the age of 84) who dried the crosswalk to the right side from the left side of the defendant's proceeding direction by leaving the crosswalk as the front part of the defendant's cargo vehicle and let the victim go beyond the ground.

Ultimately, around May 3, 2019, the Defendant caused the death of the victim due to the above occupational negligence at the F Hospital located in Gusi-si E on May 3, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and the death diagnosis report;

1. On-site reports (in relation to attaching photographs at a scene of an accident, as to the closure of a Mebox image of Meboxed vehicles, as to attaching a photo of a changeer) and the application of statutes governing on-site photographs;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or orders to provide community service;

1. Scope of applicable sentences under law: One month to five years;

2. Application of the sentencing criteria [Determination of types] and general traffic accidents: Type II (Death, etc. of Traffic Accidents): Reduction element: In the area of reduction of punishment (the scope of recommending punishment), reduction area of punishment [the scope of recommending punishment], reduction area of punishment by imprisonment without prison labor for up to four months from one year;

3. A crosswalk which is held by the defendant who has neglected his/her duty of care in front of the vessel;

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