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(영문) 대구지방법원 2017.05.11 2017고단923
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 16, 2016, the Defendant driven the above car at around 19:15, and proceeded two lanes in front of the 150th century in the Daegu Dong-gu, Daegu-gu, 150, in the speed of about 60km in speed from the shot distance to the shot distance.

At the time, night, there is a three-distance intersection, such as a yellow flickering, etc., and there was a pedestrian who is travelling along a crosswalk, so there was a duty of care to prevent accidents by temporarily stopping in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the defendant neglected this and proceeded with the victim C ( South, 55 years old) who walked the crosswalk from the right-hand side of the defendant's running side to the left-hand side by the negligence of the defendant.

Ultimately, on October 16, 2016, at the E hospital located in Daegu-gu, Daegu-gu, Daegu-gu, the Defendant caused the death of the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Materials printed out of Ma1 Vehicle Stacks video materials;

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 Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the recommended sentence] General traffic accident [the grounds for sentencing under Article 62-2 of the Criminal Act / [the scope of the recommended sentence] / [4 months to 1 year] mitigation area (the person with a special mitigation] / [including efforts to recover damage] punishment / [the sentence] unfavorable circumstances: The fact that the victim died due to the instant traffic accident - the fact that the vehicle of the defendant driving is agreed with the bereaved family of the victim except for the comprehensive insurance policy, and the defendant is the defendant.

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