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(영문) 대구지방법원 김천지원 2019.10.16 2019고단859
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives two cargo vehicles: B.

On June 27, 2019, the Defendant driven the above cargo vehicle around 08:10 on June 27, 2019, and led to the left turn to the west-ri left from the direction of the 68 Do road where the Do road was located in Si/Gu-U.S. Si/Gu-si.

At this point, traffic safety signs for temporary suspension and red on-and-off signal have been installed, so there was a duty of care to stop temporarily to the person engaged in driving duties and safely proceed with the traffic condition while paying attention to the traffic situation.

Nevertheless, the Defendant neglected to temporarily stop the left without temporarily suspending it, and received the part of the victim C (the age of 76) who walked on the right side from the left side of the proceeding to the right side of the vehicular road as the front part of the freight vehicle of the Defendant driving.

Ultimately, at around 16:30 of the same day, the Defendant caused the death of the above victim due to brain damage during the after-the-counter treatment at the E Hospital located in Gu, Si, Gu, Si, si, and Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and photographs related to traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) 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 mitigated element: In the event that the victim has been negligent due to considerable negligence in the occurrence of a traffic accident even, the victim is not subject to punishment [the scope of the recommended area and the recommended sentence] special mitigation area, 2 to one year (general person) from 2 months from her imprisonment without prison labor (the general person subject to mitigation] - the purchase of a comprehensive motor vehicle insurance policy and there is no record of criminal punishment [the grounds for suspension of execution] - Major pride

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