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(영문) 대구지방법원 경주지원 2014.07.23 2014고단298
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 D car.

On January 21, 2014, at around 15:20 on January 21, 2014, the Defendant driven the above three-distance front of the Spolym Spool Si, Young-gu, Young-gu, Spool-si, and made the left turn to the left at the seat of the breakwater frequency.

It is a narrow side road in a residential area, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes according to the traffic conditions in the place of the vehicle driving service with a view to the driver of the vehicle.

Nevertheless, the Defendant failed to properly see the front door, and caused the victim E (the age of 81) to go beyond the floor by receiving the victim from the front part of the Defendant driving vehicle due to the negligence of finding the victim E (the age of 81) late.

Ultimately, the Defendant caused the victim's death by his occupational negligence at G Hospital located in GF in the same city where he was under the follow-up treatment at around 17:54 of the same day due to low-blood shock by blood transfusion in the mouth.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident (1 and 2 reports), a report on actual condition, a survey report, a field photograph, a photo of the changeer, a death certificate, a autopsy record, a certificate of insurance coverage of a motor vehicle, a reference material

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. As to the suspended sentence of Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution [the scope of Recommendation] General Traffic Accidents (Type 2...............) [Special Mitigation] and Article 62(1) of the Act on the Suspension of Execution [Special Mitigation] and Article 62(1) are subject to a fine. However, the Defendant is subject to a fine.

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