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(영문) 대구지방법원 2014.10.02 2014고단4204
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 a BM5 car.

On June 9, 2014, the Defendant driven the said car on June 22, 2014, and driven it at a speed of about 80km, depending on the two-lanes in the direction of the lower direction, the front of the 559 modern River basin 20 meters, Seoyang-gu, Busan.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate steering gear, brakes, and other devices, and shall not drive a motor vehicle at a speed or in such a manner as to cause any danger and injury to others according to the road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, the Defendant, by negligence of neglecting the front time of the week, received the victim C (Nam, 47 years old) who was going to the right side of the Defendant’s running direction from the front of the Defendant’s car, and went beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the victim to die due to the pelke and cerebral blood in the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Reasons for the 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 [the sentence of punishment] mitigation area (including special mitigation for April to October) [the sentence] imprisonment without prison labor] 8 months and suspension of execution 2 years, the defendant caused the serious result of the victim's death due to the instant accident, but the agreement was reached with the victim's bereaved family members and the bereaved family members, the vehicle is covered by the comprehensive insurance, the defendant is the primary offender, and other factors.

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