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(영문) 대구지방법원 2015.01.06 2014고단5263

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 engaged in the operation of Churd vehicle.

On July 15, 2014, at around 18:40, the Defendant driven the said car at a non-speed speed by driving it at the lower end of the new intersection, which was located at 155-lane 8 (Ycheon-dong), with a state bond compensation in Daegu-gu, Daegu-do, 155-gil.

At the time, the two-lane roads are two-lanes, and the victim D(65 years old) driving prior to the defendant's car, ECA110 Oba, so in such a case, the driver of the motor vehicle has a duty of care to properly manipulate the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant neglected this and went ahead to the left by the left side of the vehicle of the defendant, which caused the collision between the left side of the driver's vehicle and the part of the driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's left side.

Ultimately, the Defendant caused the death of the said victim by occupational negligence at the Gyeong-gu, Daegu District University Hospital located in 130, Daegu-ro, 130, where the said victim was being treated back at around 09:3 on July 16, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report, a traffic accident report (1) (2) and a traffic accident report (2) (2).

1. A death certificate;

1. On-site visit photographs, etc.;

1. Application of the Acts and subordinate statutes to the output of the video of 1st vehicle stuffs;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] general traffic accident category 2 (the death of traffic accident) [the area of mitigation (4-10 months)] (including special mitigation] punishment and non-prosecution (including serious efforts to recover damage).