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(영문) 대구지방법원 2020.02.05 2019고단5579
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for two years.

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

Reasons

Punishment of the crime

1. On February 15, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven a express bus B at a speed of 90km per hour from the north Daegu-gu bank to the water rate lower than 90km.

At the same time, at a point where the speed limit is 60 km per hour, the surface of the 17th typhoons at the time is cut down due to the direct influence of the typhoon 17 at the time. In such a case, the defendant engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle so that the motor vehicle can not be broomd by driving the motor vehicle by accurately operating the steering direction and brakes at a speed of 48 km speed higher than the speed limit.

Nevertheless, the Defendant neglected to do so and negligently driven more than 42 km a speed more than that of speed, proceeded with a section of about 65 meters in front of the rapid bus in a state where he was in front of the right side of the rapid bus, and caused the rapid bus to fall below about 10 meters in front of the rapid bus.

Ultimately, the Defendant caused the death of the victim C (V, 23 years of age) who was on board the express bus due to the above occupational negligence on September 22, 2019, due to the damage of diversification caused by traffic accidents in the express bus around 15:56, 2019.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) suffered from the victim D by occupational negligence at the time and place specified in paragraph (1) on the same day as indicated in the attached list of crimes on the same day, such as causing the victim D’s bodily impairment of head and other parts requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the occurrence of each traffic accident of D, E, F, G, H, I, J, K, L, and M;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and a report on the results of DNA analysis;

1. Each police investigation report;

1. Each photograph: “accident site”.

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