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(영문) 대구지방법원 안동지원 2013.07.09 2013고단152

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 one year 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 CM car.

On January 10, 2013, the Defendant driven the above car at a speed of about 50-60km from the side of the west to the end of the speed of 50-60km from the side of the west to the end of the west of the extreme stale, which is located in the asbestos tent at the permanent residence.

Since there has been a center line of yellow-ray, there was a duty of care to safely drive the car line by reducing speed and accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to drive the car while driving the car, and was negligent in driving beyond the center line, and the part of the victim D(34 years old) driving in front of the left-hand part of the Esp-ray car of the victim D(34 years old), which was driven in the opposite opposite lane, was taken as the part of the Defendant’s driving in front of the left-hand part of the car.

Ultimately, the Defendant caused the death of the victim F (the age of 59) who was on board the Defendant’s passenger car operation chief due to the above occupational negligence by the Defendant’s low blood shock, etc., and suffered from the injury, such as the closure straw of the Section D, which requires approximately 12 weeks of treatment to the said victim D.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to autopsy reports, postmortem records, traffic accident reports, site photographs and diagnostic certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (see, e.g., Supreme Court Decision 2006Da15488, Apr. 2