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(영문) 대구지방법원 2013.06.13 2013고단2447

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 14, 2013, the Defendant driven the above car at around 19:20, and led to a right way from the right side to the right side of the 5th parallel parallel, Seo-gu, Daegu to the right side of the 1191 main road.

At night, the road width is narrow, and at this time, there is a duty of care to prevent accidents in advance by accurately checking the traffic situation on the right and right side, and properly manipulating the steering system and brakes of the vehicle.

Nevertheless, the defendant neglected this and served the chest portion of the victim C (the age of 68) who was accumulated at the corner of the right-hand kird road in the direction of the proceeding on the right-hand side of the car.

Ultimately, at around 21:10 on the same day, the Defendant caused the death of the victim in an emergency room of the E Hospital located in Daegu-gu, Daegu-gu, due to the diculic damage.

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. Results of the traffic accident site survey and analysis;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes on traffic accident;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant accident, which led to the occurrence of a serious consequence of the death of the victim, however, the victim’s bereaved family members and the bereaved family members have agreed smoothly, and some of the negligence of the victim, which contributed to the occurrence of the instant accident, is recognized as having contributed to the occurrence of the instant accident, the marine vehicle is covered by a comprehensive insurance, there is no history of criminal punishment, and the Defendant is sentenced to a suspended sentence of imprisonment without prison labor or heavier.