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(영문) 대구지방법원 안동지원 2014.10.31 2014고단740
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

At around 09:05 on July 22, 2014, the Defendant, who is engaged in driving D's low-income automobiles, was driving the said car near the off-road road in the Dong-dong city, along the two-lanes of the Daegu District Court in the inside of the Dong-dong High School.

Since there is a road with a limited speed of 60km, a person engaging in driving a motor vehicle is obliged to observe the regulatory speed and to take a duty of care to drive the motor vehicle in a safe manner by making it possible, but the defendant has been negligent in his/her duty to drive the motor vehicle at a speed of about 115 to 120 km per hour when he/she is driving the motor vehicle at a speed of about 115 to 120 km on the right side of the road while the defendant is driving the motor vehicle at a speed of about 115 to 120 km, and he/she is changing the course to

Defendant

The driver received the left-hand bridge of the victim with the front side of the driver's vehicle.

Ultimately, at around 05:59 on July 24, 2014, the Defendant caused the victim to die from her occupational negligence, with cerebral cerebral cerebral cerebralop, and her blood transfusion in the middle-term Hospital of the Gyeongbuk-gu, Daegu-ro, Daegu-ro, 130.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The survey report, notification of the results of the survey and analysis of traffic accidents, and the application of Acts and subordinate statutes governing postmortem records;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence) [the scope of recommendation] of the general traffic accident category 2 (the area of mitigation (4 to 10 months) (including special mitigation), punishment not (including efforts to recover damage) [the decision of sentence] of the mitigated area (including efforts to recover damage] of the Defendant’s death of the victim by traffic accident, and the Defendant is not easy to take the responsibility for such crime.

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