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(영문) 대구지방법원 2015.01.06 2014고단5372
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a low-speed car B.

On September 2, 2014, around 05:05, the Defendant proceeded directly with a two-lane road in front of the two-lanes of the Kacheon-si, Yongcheon-si, at a speed of about 80km in Si speed from the breath of the port to the breath of the air.

At the same time, there was a duty of care to reduce speed and to operate safely by accurately operating the steering gear for the driver of the motor vehicle. In such a case, the driver of the motor vehicle had a duty of care to reduce the speed and properly operate the steering gear.

Nevertheless, the Defendant found that the vehicle in the stop on the above road is late due to the accident that occurred due to the negligence of neglecting this, which occurred first on the road as soon as it is, and the Defendant moved to hand hand over between the central separation zone of the above road and the above C low-speed vehicle, but it does not reach the above central separation zone, and the Defendant got the vehicle in front of the left side of the vehicle driving, and the victim D (50 years old) was placed in front of the vehicle in front of the Defendant driving.

Ultimately, the Defendant caused the death of the victim D due to the injury to the police by occupational negligence as above.

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;

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] and the reason for sentencing of Article 62-2 of the Criminal Act does not fall under the basic area (8 to 16 months) (the death of traffic accident) [the special person] [the decision of sentence] [the defendant caused the serious result that the victim is dead due to the accident in this case.

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