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(영문) 대구지방법원 2014.10.23 2014고단4515

교통사고처리특례법위반

Text

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 a person who is engaged in driving a B-S cruise cruise car.

On July 8, 2014, the Defendant driven the said car at around 15:30, and made the left-hand turn to the right-hand turn at the speed of about 10 km from the site-distance toward the panscam of the Dr. Dr. in Daegu Suwon-gu C.

Since there is a non-protective left turn, in such cases, the driver has a duty of care to ensure the safety of the course by checking well the front line before passing through the intersection, and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and caused the death of the victim E (the 56-year old) who illegally crossed the road from the right side of the right side to the left side of the victim E (the 56-year old) due to the shock of the said vehicle, and caused the victim to go beyond the road due to the shock of the said vehicle. On 19:08:31 of the 19th day of the 19th day of the 19th day of the 19th day of the 19th day of the 31st day of the 19th day of the 19th day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

1. Protocol of autopsy and written diagnosis of death;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act to order compliance driving lecture [the scope of recommendation] general traffic accident category 2 (Crime of Death of Traffic Accidents) (Class 2 to October) (Special Mitigation) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not punished (including efforts to recover damage), and the defendant is the victim's death due to the instant accident.