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(영문) 대구지방법원 김천지원 2016.08.10 2016고단358
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 18, 2016, the Defendant driven the above car at around 12:00 and led to the left turn to the yellow speed from D Mart to the yellow speed.

It is an intersection that is not supported by traffic control, and a crosswalk is installed near the intersection, so a person engaged in driving service has a duty of care to check whether there is a pedestrian crossing and drive the crosswalk.

Nevertheless, the Defendant neglected this and proceeded without properly checking the crosswalk side, caused the victim to go beyond the road floor by putting the bicycle on Samsung mobile from the scam on the scam of the man-dong side to the scam of the victim E (63 ) driving on the crosswalk, which was a bicycle driving part of the above car, to go beyond the road floor.

Ultimately, the Defendant caused the above victim by negligence in the above occupational negligence to suffer injury to cerebral cerebrovascular, etc. due to the injury of the said victim. On January 21, 2016, around 15:17, the Defendant caused the death of the said victim due to the cerebral function during hospitalized treatment at the Young-gu, Daegu-gu University Hospital located in 170, Nam-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Three copies of a report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes of death certificate (E);

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

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

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in Type 2 (Death and Injury of Traffic Accidents) (from April to one year) (special mitigation factors) and the area of mitigation is not subject to punishment;

2. Although the decision-making of sentence is very important to result in the death of the victim, not only the fact that the defendant recognized the facts charged but also the fact that the motor vehicle comprehensive insurance had been subscribed.

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