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(영문) 대구지방법원 2013.05.16 2013고단2084

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 Party B’s car.

피고인은 2013. 1. 23. 18:10경 위 승용차를 운전하여 경북 청도군 이서면 양원리 소재 샛별교차로 앞 편도 2차로의 도로를 대구시 쪽에서 이서면 쪽으로 2차로를 따라 시속 약 79km의 속도로 진행하게 되었다.

At the time of night, the view was inferior, and the above intersection was installed with a remote distance where signal lights are installed, so in such a case, there was a duty of care to see the right and the right of the driver of the motor vehicle well, and to operate the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the part of the body part of the victim C (Woo, 80 years old) (the 80-year-old), which was fright from the left side of the vehicle to the right side of the vehicle in accordance with the stop signal by negligence in contravention of the stop signal as it is, and the Defendant received the front part of the vehicle driving.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, and around 18:40 on the same day, at the hospital of Cheongdo-gun, Cheongdo-gun, Cheongbuk-do-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

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

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident investigation;

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 [the scope of sentencing] for sentencing under Article 62(1) of the Criminal Act [the scope of punishment] 1 to 5 years [the decision of a sentence] for a general traffic accident, the death of a traffic accident (type 2] [the special person] mitigation element: Reduction element / [the decision of the recommended area] mitigation range / [the scope of recommendation range] 4 to 10 months [the general person] mitigation element: Subscription to the comprehensive motor vehicle insurance.