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(영문) 대구지방법원 서부지원 2014.06.27 2014고단527

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a person who is engaged in driving of Bone Star Co., Ltd.

At around 06:30 on November 3, 2013, the Defendant driven the above van, thereby proceeding about 100km in the speed of 100km between the two lanes northwest-ri, Seo-gu, Seo-gu, Seowon-si, Seowon-si, Seowon-si, Daegu-si, and the 6.6km-ri-si, Seowon-si, Seowon-si, Seowon-si.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded as it is, and caused the collision of the Rails set up on the right side of the expressway and caused the victim C (the 56 years old) who was present in the back seat to go far away from the above Rails.

Ultimately, at around 08:00 on November 3, 2013, the Defendant caused the death of the victim due to the prolonged organ damage, etc. in the E Hospital located in Daegu-gun D, Daegu-gun around November 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., a white and rebuttaled fact, a fact that there is no record of punishment, other than once a fine, a fact that there is no record of punishment, a victim's bereaved family member and a bereaved family member, a circumstance that may be considered in the course

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