beta
(영문) 창원지방법원 거창지원 2014.02.19 2014고단33

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person engaging in driving a rocketing car.

On December 13, 2013, at around 17:50 on December 13, 2013, the Defendant driving the said vehicle at a speed of about 10km from the boundary of the sports wave to the northwest-distance bank. Since there was a private intersection where traffic is not controlled, the Defendant was obliged to check and drive the said vehicle at a speed of about 10km.

Nevertheless, when the defendant neglected to do so and proceeded as it is, the defendant did not discover the DNA obane which the victim C, who was operating on the right side from the left side of the driver's vehicle, and received the parts adjacent to the right side of the above obane as the front part of the driver's vehicle.

On December 14, 2013, 03:39 on December 14, 2013, the victim was under medical care at the F Hospital located in Daegu-gu E, Daegu-gu, causing the death of the victim due to pressure on brain.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the first crime committed by the defendant, the violation against his/her own crime, and the agreement with his/her bereaved family members);