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(영문) 대구지방법원서부지원 2020.10.15 2020고단723
교통사고처리특례법위반(치사)
Text

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

except that 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 M& car.

On November 30, 2019, the Defendant driven the above vehicle on November 30, 2015:05:23, and driven the three-lane road in front of the Song 119 Safety Center, which is located in the middle-gu, Seogu, Daegu, in the direction of the 262-lane, from the center of the merchant four-lane to the center of the monthly distance, at the speed of about 80.2 km from the center of the merchant.

At the time, the restriction speed of the above road is 60 km per hour, so in such a case, there was a duty of care to keep the restriction speed to the person engaged in driving a motor vehicle and safely drive the motor vehicle by checking well the right and the right and the right and the right of the motor vehicle in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 제한 속도보다 시속 20.2km를 초과한 속력으로 운전하여 진행한 과실로 우측에서 좌측으로 무단횡단 하는 피해자 C(여, 77세)를 발견하지 못하고 피고인이 운전하는 자동차 우측 앞부분으로 피해자의 왼쪽 다리 부위를 들이 받아 피해자를 공중으로 떴다가 위 도로에 떨어지게 하였다.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the E Hospital located in the Daegu-gu, Daegu-gu, where the victim was under treatment for after-the-job transfer at around 06:17 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of death certificate and results of traffic accident analysis;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) is that the occurrence of a serious result of the victim’s death is disadvantageous.

However, the defendant confessions the crime of this case and repents the wrong facts, and the bereaved family members of the victim want to be punished by mutual consent with the bereaved family members of the victim.

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