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(영문) 대구지방법원 2015.04.09 2015고단539

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 the operation of the C Launa car.

On December 13:25, 2014, the Defendant driven the said car and proceeded at a speed of about 30 kilometers per hour in the direction of the Egresponding Association in the direction of the Egresponding Association in the direction of the Egresponding Association in the middle of the Cgresponding Forest located in the Daegu Suwon-gu.

Since the location was an intersection where signal lights were installed, the duty of care to prevent accidents in compliance with the signal was observed, the part of the front part of the victim D(63 years old), who was placed in accordance with the green progress signal in the direction of the hydro-market distance from the offside of the ancient-ri distance due to the occupational negligence in violation of the signal, was taken by taking the front part of the victim D(63 years old), who was placed in the front part of the driver's car right side of the defendant's car, into the front part of the damaged vehicle, while keeping the damaged vehicle into the right right side of the passenger's car, the electric poles and signal signal light installed in India, and the damaged vehicle was

Ultimately, the Defendant, by such occupational negligence, caused the victim D to die due to the multi-growth donation, etc. at the Gyeongbuk University Hospital on December 11, 2014. On the other hand, around 18:05, the Defendant suffered from the victim F (the 46-year-old age), who is a taxi passenger, about 3 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A traffic accident report and on-site photographs;

1. A death certificate or diagnosis certificate (F);

1. Application of the Acts and subordinate statutes governing black booms and video CDs for damaged vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) [Special Mitigation] and the area of mitigation (Article 4-10) [Article 62(1) of the Criminal Act] (Article 62(1) [Article 62(1) of the Criminal Act] and the Defendant is not subject to punishment (