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(영문) 대구지방법원 2014.10.02 2014고단3772

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 Car.

On May 24, 2014, the Defendant driven the above vehicle at around 22:05, and led the front way of the movable property and the front way of the movable property and the front way in the Yongcheon-si, Yongcheon-si, to the Youngcheon-si, the two-lanes of the two-lanes of the two-lanes of the two-lanes.

At the time, since it is a road at night and its place is 40 km, a person engaged in driving of a motor vehicle has a duty of care to observe the speed of restriction, to ensure well see the right and the right and the right, and to accurately manipulate the steering and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and found the victim C (the age of 69) who has crossed without permission from the left side of the proceeding direction to the right at a speed of 65 km or more from about 65 km to a speed of 70 km, and received the victim's right side side by the front side of the vehicle where the Defendant drives.

Ultimately, at around 00:23 of the following day, the Defendant caused the death of the victim due to the prolonged damage to the diversity in the emergency room of the Yong-Namnam University Hospital located in 10-gil, Youngcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Investigation report (related to the speed limit of the place of the accident);

1. Comprehensive traffic accident analysis report;

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

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. Reasons for sentencing of Article 62-2 of the Criminal Act to order to attend a compliance driving lecture [the scope of recommendation] general traffic accident Type II (the death of traffic accidents) (the special mitigation) [the victim] also has a considerable fault in the occurrence of traffic accidents or the expansion of damage, the sentence of no punishment (including serious efforts to recover damage) shall be imposed.