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(영문) 대구지방법원 서부지원 2015.05.29 2015고단391

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 K5-car.

On December 28, 2014, the Defendant driven the above car at around 01:00, and led the D intersection in front of the Daegu Dong-gu C to proceed from the breadth of the new innovation city to the breadth of about 39 km each hour from the breadth of the new innovation city to the breadth of the four-lane.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant was negligent in neglecting this, and the Defendant was the victim due to the negligence of proceeding, and the part of the victim E(57 years old) driving on the left-hand side from the right-hand side of the victim E(57 years old) driving on the front-hand side of the said car.

Ultimately, at around 01:55 on December 28, 2014, the Defendant caused the death of the victim due to the above occupational negligence by cutting the bones of dysium at the Pakistan Hospital located in Daegu-ro 99, Daegu-gu, Daegu-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on a traffic accident, a survey report on actual condition, 1, 2;

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

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the fact that comprehensive insurance is subscribed, and the fact that the victim and his/her bereaved family members have agreed smoothly with