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(영문) 대구지방법원 서부지원 2018.07.04 2017고단2595
교통사고처리특례법위반(치사)
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 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 service of a car known to D.

On April 6, 2016, the Defendant driven the above car at around 13:07, and proceeded at the speed of 73 km each hour at the speed of 73 km from the fourth distance to the side of the F Hospital in front of the F Hospital in the Daegu-gun E, the next two lanes in front of the F Hospital in the Daegu-gun E., the Defendant was driving at the speed of 3 km each hour.

At all times, there is an intersection and crosswalk in the front of the course and there is an anticipated pedestrian appearance in a hospital, convenience store, restaurant, etc., so there was a duty of care to prevent traffic accidents in advance by properly manipulating the front section and properly manipulating the steering gear, etc.

Nevertheless, the Defendant did not neglect this and did not discover the victim G who crossed the road from the left side of the direction of the proceeding to the right side, and received the front part of the car.

Ultimately, around July 24, 2017, the Defendant caused the victim to die due to the above occupational negligence at the Incheon Shipping Daegu Shipping Daegu Shipping Co., Ltd. 875, which caused the death of the victim due to the cardiopulmonary cerebral cerebral cerebral cerebral cerebral Spon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A death diagnosis report or postmortem report;

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

1. Application of the Act and subordinate statutes to the investigation report (as to the video analysis of black stuffs);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) that the Defendant is against the time of committing the instant crime, vehicles are covered by comprehensive insurance, and the victim’s bereaved family members paid 30 million won agreed upon, and the victim’s bereaved family members did not want the punishment of the Defendant, the first offender, and the victim’s negligence also affect the instant case.

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