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(영문) 대구지방법원 경주지원 2013.07.02 2013고단257

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

(State) The Defendant is a person who drives a C-si owned by B on duty.

On February 7, 2013, at around 14:25, the Defendant had access to the road front of the Korean Labor East Korean Labor Union Bank, which was in front of the regular restaurant, to the road at the seat of the Korean bank.

The place is a one-lane road in which a median line is installed, and the road in which the defendant was in progress was a one-lane road without two-lanes.

In such cases, a person who intends to enter an intersection where traffic is not controlled, shall slow down if the width of the intersection is larger than that of the road on which the vehicle passes, and when there are other vehicles who intend to enter the intersection from a road with a wide width, he/she has a duty of care to yield the course for the vehicle and prevent the accident from spreading.

Nevertheless, the Defendant, due to the negligence of violating the duty of care as above, conflict with the part before the left side of the said taxi where the Defendant is driving the full part of the E Gantoo-si driving by the victim D (ma, 71 years old) due to the negligence of the Defendant.

Ultimately, the Defendant caused the occurrence of the foregoing traffic accident to the victim who was sent back to F Hospital at around 11:15 on February 17, 2013, resulting in the death of the victim who was under treatment due to the diversative shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. Application of Acts and subordinate statutes in written opinions;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the vehicle of the defendant is subscribed to the mutual aid and that it