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(영문) 대구지방법원 2014.09.18 2013고단32

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a CDap Motor Vehicle.

On October 3, 2012, the Defendant driven the said car at around 09:10 on October 3, 2012, and led to the entrance distance at the entrance of kingsan-ri to the military airside from the military room in Yongcheon-si.

At this point, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reducing speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and got the victim to face with the left end of the left part of the motor vehicle and the front door of the motor vehicle above the upper end of the motor vehicle, and caused the victim to go beyond the floor due to the negligence of the victim's failure to maintain a sufficient interval and by the negligence of excessively overtaking the motor vehicle in close vicinity.

Ultimately, the Defendant’s negligence on October 11, 2012 caused the death of the victim due to brain liver functional category at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu-ro, Nam-gu, Daegu-ro, Seoul, to the death of the victim due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

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

1. A death diagnosis report and a written record of autopsy;

1. The inquiry report of the National Scientific Investigative Institute;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. of Traffic Accidents) and there is no basic area (eight to one to one year and six months). [Pronouncement Decision] October of imprisonment without prison labor, and two years of suspended sentence, the victim was a serious result of the victim’s death.