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(영문) 대구지방법원 2019.09.25 2019고단2021
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 of the final judgment.

Reasons

Punishment of the crime

On February 17, 2019, the Defendant driven B rocketing car around 00:20 on February 17, 2019, and led to the progress of the roads adjacent to the Ddong of the Daegu Northern District Office to the F apartment room from the E elementary school room.

At night, as the defendant engaged in driving of a motor vehicle was at night, he had a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately.

Nevertheless, while the defendant neglected to do so, the defendant found the G(70 years of age) of the victim who illegally crossed the road from the right side of the defendant's vehicle to the left side, and caused the victim's body to be above the front side of the defendant's vehicle by his negligence.

Ultimately, at around 01:49 on February 17, 2019, the Defendant caused the victim G to die due to the above occupational negligence, and caused the death of the victim G due to the external trauma and scarcity, etc. while being receiving medical treatment at the 130 GJ Hospital in Jung-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual survey report, and an analysis report on a traffic accident;

1. Each photograph: An accident site and a victim;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] - the death of a traffic accident (special person] - the mitigation element: the victim also has a substantial negligence due to the occurrence of a traffic accident or the expansion of damage [the scope of the recommended area and the recommended punishment] mitigation area, the credit cooperative from 4 to 1 years [the general person] mitigation element: the purchase of a comprehensive motor vehicle insurance, the serious reflectness, the suspension of execution of punishment [the reasons for consideration] - The victim also has a traffic accident.

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