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(영문) 대구지방법원 경주지원 2015.04.29 2015고단170
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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 a C-Spo-type vehicle.

On January 13, 2015, the Defendant driven the above vehicle at around 18:45 on January 13, 2015, and moved one lane from the two lanes in front of the post office of the Sungdong-dong racing in Sungdong-dong, Chungcheongnam-si, Seoul, to the front side of the event distance.

It is an intersection without a signal, and the passage of vehicles and pedestrians is frequent. In such cases, a person engaged in driving duties has a duty of care to prevent accidents by checking the front left left well.

Nevertheless, the defendant neglected this and went beyond the floor by shocking the body of the victim D (80 years of age) who crosses a bicycle from the right side to the left side, and the back wheel part of the bicycle, the defendant's front side of the vehicle, and let the victim go beyond the floor.

At around 00:29 the following day, the Defendant caused the death of a victim due to acute scoppy in 87 East Korean University, University, Racing Hospital among those being treated at the same time as the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the actual condition survey report, accident photograph and corpse photograph, driver's license register and detailed inquiry report, field map, death diagnosis report, autopsy report, investigation report (in relation to the submission of insurance certificate and written agreement), and investigation report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended execution [Scope of Recommendation] General Traffic Accidents of Type II (Death resulting from Traffic Accidents, etc.) and the area of mitigation ( April to October) (Special Mitigation) (Special Mitigation) shall not be punished;

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