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(영문) 대구지방법원 포항지원 2020.04.09 2020고단56
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives B Costa Kacom.

On November 18, 2019, the Defendant driven the above 17:45 on the 17:45, and led the D Jeong-gu, Southern-gu, to proceed in the direction of F in the direction of E University.

Since a crosswalk is installed at a front door, in such a case, the driver of the motor vehicle has a duty of care to check whether there is any person who gets on the crosswalk in order to take the front door and left door well, to reduce the speed before entering the crosswalk, and to check whether there is a person who gets on the crosswalk and prevent the accident.

Nevertheless, when the defendant neglected this and entered the crosswalk without speed, the defendant did not find out the victim G (71 years of age) with the right side from the left side of the right side of the defendant's running direction, and received the victim from the front side of the defendant's seat.

Ultimately, at around 23:43 on the same day, the Defendant caused the victim’s death by the foregoing occupational negligence by an external hospital located in the Nam-gu H at the time of the port, with the reduced volume of blood generated from the surgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. The actual condition survey report;

1. Protocol of autopsy and written diagnosis of death;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The degree of negligence is a matter of negligence resulting in the death of the victim due to negligence in driving the sentence.

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