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(영문) 대구지방법원 안동지원 2014.11.21 2014고단845

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 23:50 on September 11, 2014, the Defendant, who is engaged in driving a CAR car, driven the said car under the influence of alcohol level of 0.144%, and came to turn to the left at the above three distance while driving the said car in the direction of under the influence of alcohol level of 0.14%. The Defendant got to turn to the left at the above three-distance distance while driving the car in the direction of the HAE at the inner terminal where the roads near the lower part of the HAE, which is the lower part of the city

At the same time, there is a signal apparatus of yellow flashing, and at the same time, there was a duty of care to prevent accidents in advance by checking whether there is a vehicle coming from a suitable turn by reducing the speed or temporarily stopping the vehicle for a person who intends to make a left-hand turn due to driving of a motor vehicle at night.

Nevertheless, the Defendant neglected this and went to the left at the same time, and did not find the victim D (the age of 18) driving, who was facing the inner-dong terminal from the heep of the rooftop and went to the left, and received the front right part of the said car with the front right part at the center of the front driver of the said car.

Ultimately, the Defendant caused the death of the above victim in the middle-gu Jung-gu, Daegu, Daegu, on October 7, 2014 due to occupational negligence, serious brain injury, etc., at the hospital of the middle-gu, 130, Jung-gu, Daegu, the Defendant caused the death of the patient room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to field photographs, records on the state of survey, reports on the state of survey, records on the actual condition of survey, and records of autopsy;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the choice of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.