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(영문) 대구지방법원 서부지원 2020.06.25 2019고단3107
교통사고처리특례법위반(치사)
Text

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

except that 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 of B rocketing and other automobiles.

On October 7, 2019, the Defendant driven the said car at a speed of about 41 km from the parallel of the E University to the F pharmacy of the Daegu-gu C Apartment Ddong at a speed of about 41km from the parallel of the E University.

In this case, a driver of a motor vehicle has a duty of care to properly see the front side, the left and right of the motor vehicle, and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the defendant neglected his duty of her front view and failed to find out the victim G (V) who crosses the crosswalk from the left side of the direction that the defendant proceeds to the right side while neglecting his duty of her front view, and shocked the side of the victim's bridge to the front part of the defendant's vehicle.

Ultimately, at around 08:00 on October 7, 2019, the Defendant caused the victim's death by negligence in the above occupational negligence at the I Hospital located in the Daegu-gu, Seogu, Daegu-gu, to death by means of low-blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (in relation to the analysis of DTG), an investigation report (Attachment of a death report), an investigation report (Attachment of a death report), and an investigation report (in relation to the analysis of vehicles booms);

1. Reporting on the occurrence of traffic accidents and the application of the statutes governing the actual survey report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the occurrence of a serious consequence of the death of the victim due to the instant crime is unfavorable.

However, the defendant led to the crime of this case, the victim's bereaved family is not punished by agreement with the victim's bereaved family members, and the victim's bereaved family members were not punished by the victim's bereaved family members at the time of the accident of this case. The defendant did not violate or have to speed up, and the defendant did not violate or have to speed up, the defendant's age, character, environment, family relationship.

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