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(영문) 대구지방법원 서부지원 2014.09.16 2014고단1035

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for six 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 also a person who is engaged in driving a car with a transletus.

At around 20:30 on May 19, 2014, the Defendant driven the above van, and immediately driven the three-lane road in front of the Seowon-si, Seowon-si, Seowon-gu, Daegu-gun, by passing through the Daegu prison intersection at a speed of about 50km per hour according to the two-lanes of the above road on the side of the "Seeero Future Borrowing".

At the time, there are nights, and there are many traffic volume, such as vehicles, etc., and in such cases, the Defendant, who is engaged in driving duty, has a duty of care to safely drive the vehicle so that accidents do not occur by properly examining the embankment.

Nevertheless, the Defendant neglected to do so and proceeds directly.

The defendant did not find out the victim C (n, 80 years old) who was fing a road on the right side of the left side of the parallel driving direction of the defendant, and did not get the victim to go beyond the road with the part of the victim's right shoulder part on the left side of the said flick.

Ultimately, at around 22:03 on the same day due to the above occupational negligence, the Defendant caused the death of the victim in the emergency room of the Tol Hospital in Daegu-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;