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(영문) 대구지방법원 2014.08.14 2014고단3252
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of c1 ton cargo vehicles.

On April 20, 2014, around 18:10, the Defendant was able to drive the said cargo vehicle on the national highways No. 20 on April 20, 201, along with a speed of about 50km from the Cheongdo-Eup to the front side of the road.

Since there is a tunnel and a center line of yellow-ray, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the front line and to safely operate the motor vehicle.

Nevertheless, the front part of the e-vehicle driven by the victim D(the age of 67) coming from the opposite opposite lane due to the negligence of driving the median line while neglecting this, was received in front of the right side of the e-vehicle operated by the defendant.

Ultimately, at around 18:57 on April 20, 2014, the Defendant caused the death of a victim who was receiving treatment at the Cheongyang-do Hospital located in the Cheongyang-gun, Cheongyang-do, Cheongyang-do, Cheongyang-do, Cheongyang-do, in the foregoing occupational negligence, due to a low-weight shock shock caused by the diverosis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. A traffic accident report, a traffic accident report (1), and a traffic accident report (2);

1. Application of Acts and subordinate statutes on a written autopsy;

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] general traffic accident category 2 (Crime of Death of Traffic Accidents) [Special Mitigation] mitigated area (Article 4-10 months] / [including efforts to recover damage] sentenced to punishment, non-prosecution (including a serious effort to recover damage] / The defendant violated the central line and caused the accident of this case, thereby causing the serious result of the victim's death. However, the defendant is liable for such crime.

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