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(영문) 대구지방법원 상주지원 2019.06.18 2019고단96
교통사고처리특례법위반(치사)
Text

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

However, 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 wing and cargo vehicle B.

On December 15, 2018, the Defendant driven the above cargo vehicle around 11:30 on December 15, 2018, and continued to cross-section the Mawon-distance Intersection, which is in the principle of the Magu-Eup, in the “Magu-Eup,” from the boundary of the Magu-Eup.

Since a crosswalk is installed in the front direction of the driving direction, in such a case, the driver of the motor vehicle had the duty of care to safely proceed after checking whether there is a pedestrian in the vicinity of the crosswalk, and whether there is a pedestrian in the crosswalk.

Nevertheless, the Defendant neglected this and proceeded along as it is, by negligence, received the parts of the victim C (Woo, 65 years old) who walkes along the road adjacent to the crosswalk from the left-hand side of the direction of the Roman course to the right-hand side of the above cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence at around 16:46 on January 8, 2019, by “E Hospital” located in Ansan-si D, where the treatment was being conducted after-the-job transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

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: One month to five years;

2. 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 Sentencing] - The factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation of punishment (including the area of recommendation and recommendation range], the area of imprisonment without prison labor for four months to one year;

3. The fact that the defendant's decision of sentencing reflects the wrongness, complies with the speed of restriction, and the victim cross-section.

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