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(영문) 대구지방법원 의성지원 2015.08.13 2015고단114
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On April 23, 2015, the Defendant driven the above vehicle at around 11:50, and continued to drive the 31-lane of the Cheongsong-gun, Cheongsong-gun, Kusong-gun, Cheongsong-gun, in the direction of the west through the 31-lane of the Cheongsong-gun.

There is a duty of care to safely proceed to the right-hand side of the center line without breaking the center line to a person engaged in driving as a road with a cost of separation of center line.

Nevertheless, the Defendant neglected this and got the part of the victim D(51) driving Eas in front of the Rason’s car driving in the opposite direction, which took place in the opposite direction, due to the negligence of breaking the central line and driving in the opposite direction.

Ultimately, the Defendant caused the victim to die due to cerebral cerebral injury in the emergency room of the F Hospital located in Ansan-si on April 23, 2014, around 13:30 of the aforesaid occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of On-the-spot photographs), a criminal investigation report (Attachment of a death report), and a criminal investigation report (Attachment ofCCTV photographs);

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the comprehensive motor vehicle insurance is purchased and the victim and his/her bereaved family members have agreed smoothly);

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