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(영문) 대구지방법원 서부지원 2016.04.29 2016고단249
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 one year 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 low-priced Dom car.

On December 25, 2015, around 06:40 on December 25, 2015, the Defendant proceeded along three-lanes in front of each valley distance in the valley of the Multi-Eup, Taegu, Daegu, Daegu, according to the four-lane radius from the boundary of the large room to the boundary of the multi-Eup office.

At the time, there was an intersection where signal apparatus was installed at night and at the front, and therefore there was a crosswalk, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by using the steering and brake system accurately while complying with the signal apparatus signal installed at the front.

Nevertheless, the Defendant caused the death of the victim C (76 years) who was walking the crosswalk on the left side from the right side of the Defendant’s vehicle due to the negligence of violating the signal by entering the yellow scam, thereby causing the victim’s external brain injury, etc. in Daegu-gu, Daegu-gu, 2nd Park around 07:36 on the same day, 17:33 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on internal investigation by the police (verification of the scene of an accident, etc.), a report on investigation by the police (Analysis of a signal system), a report on investigation by the prosecution (verification of a black image), and a photograph on the scene of an accident;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act (i.e., favorable circumstances among the following sentencing grounds) of the suspended sentence leads to the death of the victim due to neglecting to observe the signal obligation, etc. is disadvantageous to the defendant.

However, the defendant's confession of the crime of this case, there is no record of punishment more severe than the fine, the fact that the victim's bereaved family members have agreed with each other, and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and after the crime.

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