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(영문) 대구지방법원 2015.07.23 2015고단2495

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for six 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 engaged in the EXE driving.

On April 27, 2015, the Defendant driven the above vehicle on April 23:10, 2015, and driven the two-lane road in front of the Duser General Display Site in Daegu North-gu, Daegu, along the one-lane distance from the Pussian border to the 60km speed.

At the time, there were many vehicles parked on the two-lanes of night time, and therefore, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle is able to reduce the speed and to properly see the right and the right and the right of the motor vehicle, and to accurately manipulate the steering direction and the brakes to prevent the accident by accurately manipulating them.

Nevertheless, the defendant neglected this and found the victim E (n, 42 years old) who illegally crossed the road from the right side of the defendant's driving direction to the left side of the road, and operated it to avoid this. However, the defendant did not avoid it, but did not go to the right side of the defendant's vehicle and went to the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the Gyeongbuk University Hospital located in 130, Jung-gu, Daegu, Daegu, on April 28, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of a death certificate;

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 on the suspended sentence [Scope of Recommendation] In the event that the victim was negligent in causing traffic accidents or expanding damage even to the victim, the victim is not subject to punishment (including efforts to recover damage), and the defendant is subject to the instant accident.