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(영문) 대구지방법원 서부지원 2013.05.03 2013고단263

교통사고처리특례법위반

Text

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

except that 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 rocketing car.

On February 14, 2013, the Defendant driven the said car on February 14, 2016:2, while driving the said car, followed the two-lane of the front side of the Mandong-gu, Seogu, Daegu along the two-lane straight lines from the direction of flying distance to the direction of flying distance.

At the time, it was difficult to view as a new wall, and the crosswalk was at a place with a limit of 70km or less, so in such a case, the driver had a duty of care to look at the front and the right and the right and the right, and to prevent the accident by driving at a limit of less than that of the driver.

Nevertheless, the Defendant, while driving at a speed exceeding 20 km with a limit of 20 km, found the victim C(56 years of age) who was crossing the crosswalk in the front bank late, was faced with the victim with the front part of the vehicle.

Ultimately, at around 09:30 on February 14, 2013, the Defendant caused the death of the victim due to the foregoing occupational negligence, such as the shock shock, divers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Each traffic accident report;

1. Each photograph;

1. An investigation report (in cases of a taco analysis paper and a photo of a tacocambox image shield), an investigation report (in cases of request for analysis of tacota), and an investigation report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. It shall be decided as ordered for the reason of suspended execution under Article 62 (1) of the Criminal Act (such as the agreement with the bereaved family members of the victim, and the fact that the defendant has no criminal record of imprisonment without prison labor or heavier