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(영문) 대구지방법원 2015.04.16 2015고단58
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car at CNS.

On October 28, 2014, the Defendant driven the above car at around 05:25 on October 28, 2014, and led to a three-distance in front of the 210-1 du-dong, Daegu Northernbuk-gu, 210-1, in front of the two apartment complex, a two-dimensional distance from the airport intersection to the long distance from the port intersection.

At all times, a person engaged in driving on an intersection has a duty of care to prevent accidents by accurately operating the steering direction and operation of the steering system and the steering system.

Nevertheless, the Defendant failed to perform his duty at the front time, and the Defendant got the victim D (year 74) who crosses the road on the right side from the left side of the Defendant’s vehicle to the left side of the vehicle.

Ultimately, the Defendant caused the death of the victim D due to the foregoing occupational negligence, such as the temporary and long frame of the victim D and brain damage.

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. A written result of autopsy and postmortem examination;

1. Application of Acts and subordinate statutes on screen pictures by cutting an accident photograph or a black image;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning criminal facts, Article 268 of the Criminal Act, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the event that there is considerable negligence on the occurrence of a traffic accident or the expansion of damage even to the victim in the area of special mitigation (two to ten months) (special mitigation) [including efforts to recover damage], in June of imprisonment without prison labor, and in one year of suspended sentence, the defendant caused the serious result of the death of the victim of the instant accident, but the agreement was reached between the victim and his bereaved family members, without permission of the victim, the occurrence of the instant accident was caused by the occurrence of the instant accident, the vehicle covered by the comprehensive insurance, and the defendant.

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