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(영문) 대구지방법원경주지원 2020.09.03 2020고단336
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 a B-to-car.

On December 19, 2019, the Defendant driven the above car at around 22:20 on December 19, 2019, and led to the intersection of Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, Kim Young-si, to the king-gu, Seocheon-si, Kim Young-si.

At this point, there was a duty of care to prevent accidents in advance by safely operating the person engaged in driving in accordance with the signals, and in such cases, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and caused the Defendant to enter the intersection in violation of the signal while the vehicle progress signal was red, and caused the victim C(62 years old) driver's vehicle driving, who followed the vehicle progress signal at the surface of the city where the said intersection was driven by the shock effic-dong effic-dong effic-dong effic-dong effic-dong effic-dong effic-dong effic-on-hand side of the moving direction in order to avoid collision with the Defendant's car.

Ultimately, the Defendant caused the death of the victim at the F Hospital located in Si-si on December 19, 2019 on December 22:51, 2019 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

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;

1. The punishment for sentencing under Article 62-2 of the Criminal Act shall be determined by taking into consideration the following circumstances, including the circumstances leading up to the instant crime, degree of violation of duty of care, whether damage has been recovered (agreement with the bereaved family members), criminal records, etc., and the Defendant’s age, character, conduct, family relationship, environment, motive and circumstance of the offense, means and consequence, etc.

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