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(영문) 대구지방법원 서부지원 2015.11.27 2015고단1203

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 C pay-3 cargo vehicles.

On June 25, 2015, around 14:00, the Defendant driven the above cargo vehicle on the first road of Dondo located in the Don-ri, Sung-gun, Sung-gun, Gyeong-gun, Gyeong-si, and proceeded from the direction of Kimcheon-si to the speed of about 118 kilometers in speed (in speed of 60 kilometers in speed) per hour.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes while complying with the speed limit.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 58 kilometers per hour while driving the restricted speed as it is, due to the negligence of the Defendant, received the eWINDY 100 motorcycle from the injured party D(74 years old) who was entering the road on the above side of the road.

Ultimately, the Defendant caused the death of the victim D and the victim F (n, 66 years of age) by occupational negligence, i.e., e., cerebral blood transfusion from the tin and ductal alley.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

1. A written request for examination of each body;

1. Application of investigation reports (related to checking the driving speed of Ma1 vehicles) Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the fact of subscribing to a comprehensive insurance, the fact of having no record of criminal punishment, and the fact of agreement with victims

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;