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(영문) 대구지방법원 김천지원 2014.12.11 2014고단917

교통사고처리특례법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On February 26, 2014, the Defendant driven the above vehicle around 10:40 on February 26, 2014, and changed the course into one lane while driving the two-lanes from the parallel of the Central Highway, Busan, 138.6km (Additional mountain direction) to Daegu, Gyeong-gun.

In this case, the defendant, who is engaged in driving, had a duty of care to operate direction direction etc. in advance to give notice of change of course, and to change course in front, rear and right-hand traffic.

그럼에도 불구하고 피고인은 이를 게을리 한 채 만연히 1차로로 진로를 변경한 과실로, 때마침 1차로에서 정상진행 중이던 D 운전의 E 트럭의 우측 앞 타이어 부분을 위 승용차의 좌측 뒷부분으로 들이받아, 그 충격으로 우측으로 튕겨나면서 도로 우측에 설치된 가드레일에 충돌하게 되었다.

Ultimately, the Defendant caused the death of the Victim F (F) who was on board the instant car due to the foregoing occupational negligence at H hospitals located in Daegu-gu G, Daegu-gu, where treatment for transmission was conducted around 12:40 on July 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a report on actual condition, on-site photographs, and a report on investigation (limited to photographing black images);

1. The application of Acts and subordinate statutes, such as a death certificate and a medical certificate (investigative records 29 pages);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. According to Article 59(1) of the suspended sentence, an accident was caused in the judgment while being operated for the treatment of catherosis of the victim, who is the wife of Article 59(1) of the Criminal Act. Accordingly, the defendant also lost his/her spouse who lives together with his/her life, and does not want punishment.