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(영문) 대구지방법원 2013.08.08 2013고단800

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star Cargo Vehicles.

On October 14, 2012, the Defendant driven the above cargo vehicle on the 09:25th day of October, 2012, and led to the U.S. in the middle of the Gyeongsan-gun, the three-distances in front of the Geum Riversan resting area in the Republic of Korea, from the west to Daegu, to the west of the military.

In this case, a driver of a motor vehicle has a duty of care to check the safety of the course of the opposite lane by checking the front side and the left side of the motor vehicle and to prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the damage to the road by taking the front side of the E-motor bicycle driven by the victim D, who is going to the military be on the right side of the said cargo vehicle from the Daegu Daegu side, and caused the damage to the victim.

Ultimately, at around 10:10 on October 14, 2012, the Defendant caused the death of the victim by occupational negligence as above, resulting in the death of the victim due to ductal and cerebral blood.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written result of autopsy;

1. Application of statutes on site photographs;

1. The grounds for sentencing under Article 3(1) of the relevant Act on Criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of the applicable sentences] The decision of the applicable sentences ] from one to five years (the decision of the applicable sentences ] of a general traffic accident, the death of a traffic accident (type 2) [the decision of the recommended area] [the decision of the recommended area] basic area / [the decision of the recommended area] from August to January of a credit cooperative / [the decision of the sentence] from August to June of a credit cooperative / [the decision of the sentence] 3.5 million won for the victim even though the result of the death of the victim was caused by a traffic accident caused by the defendant in October of a credit cooperative, but it did not agree with the victim's bereaved family and the bereaved family.