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(영문) 대구지방법원 안동지원 2020.01.21 2019고단633
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 bus B.

On July 11, 2019, the Defendant driven the above van on the 10:28th day of July, 2019, and led to the two-lane road in front of the C in Ansan-dong, along the area of the D senior citizens' center, to the area of the D senior citizens' center.

At the same time, the victim E (n, 80 years old) operated in the same direction with a bicycle at the right side of the defendant's running direction, so in such a case, the person engaged in driving a motor vehicle has a duty of care to see the movement of the bicycle that is driven in the same direction, to see the front left, to accurately operate the steering and operating the steering system, and to drive the bicycle safely.

Nevertheless, the defendant neglected this and proceeded without properly examining the front left, and caused the victim to go beyond the road by taking part of the left side of the above bicycle which changed from the second to the first lane.

At around 12:41 on July 17, 2019, the Defendant caused the death of the victim by occupational negligence in G Hospital located in Ansan-si F, Andong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The application of statutes governing the report on the occurrence of traffic accidents, the actual survey report, the death certificate, and the autopsy report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service caused an accident due to the negligence during driving, and the occurrence of a serious consequence that the victim died.

The degree of negligence of the defendant is not less severe, and the responsibility for it is very important.

However, the victim's negligence seems to have contributed to some degree of occurrence of the accident, and the defendant's mistake.

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