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(영문) 대구지방법원 2014.03.06 2013고단7095

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D's car.

On October 11, 2013, the Defendant driven the above car at around 11:45, and got an intersection without signal lights from the distribution channel of 2-dong, Daegu Northern-gu, Daegu to turn to the left from the xcop to the right-free plane.

In this case, at a non-protective left-hand crossing with a yellow light, a person engaged in driving service has a duty of care to reduce the speed or temporarily stop at the speed and check whether there are other vehicles, and to prevent accidents by making a left-hand turn, but the defendant did not discover a bicycle driven by the victim E, who is driving on the crosswalk of the distribution room, and instead did not discover a bicycle driven by the victim E, who is driving on the front of the left-hand left-hand turn of the Defendant’s vehicle, and caused the victim to go beyond the road floor.

Ultimately, the Defendant caused death at G Hospital located in Daegu-gu, Daegu-gu, where the victim was under after-the-job care as above through occupational negligence, around 18:40 of October 17 of the same year, due to the multi-life long-term functional failure, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Protocol of autopsy and written diagnosis of death;

1. Application of the traffic accident analysis and delivery statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant accident, which led to a serious consequence of the victim’s death. However, the fact that the victim’s bereaved family members and the driver’s vehicle have agreed smoothly with the victim, that the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance, that there is no record of criminal punishment against the Defendant, and that the Defendant’s age, character and conduct, intelligence and environment