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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2347
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 passenger car at B Benz ML250.

On September 5, 2016, the Defendant driven the above car on September 11:5, 2016, and driven the road of about 40km away from the Daegu Gyeong-do, which is located in Seogri-ri, on the side of the Gyeong-do.

At this point, as a bridge of a one-lane, a shooting range that has the length of a embankment connected to the front side, and as a bicycle driven by the victim C (76 years old) is driving on the right side of the front direction, there was a duty of care to prevent accidents in advance by accurately manipulating the dynamics of the preceding bicycle and accurately operating the steering wheel and brakes.

Nevertheless, the Defendant neglected this and tried to drive a preceding bicycle to the left-hand side, which changed the direction of the bicycle to turn to the left-hand side from the right-hand side of the same moving direction to the left-hand side of the same moving direction by negligence, and the part of the left-hand side of the above bicycle was turned to the right-hand side of the above car, and the victim got to go to the ground.

Ultimately, the Defendant caused the victim to die of cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at the Gyeong-gu University Hospital, Daegu, Daegu, on September 14, 2016, in the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

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

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the negligence is recognized and the attitude of reflecting it appears, the accident vehicle is covered by the comprehensive automobile insurance, and the above bereaved family is not punished against the defendant as agreed with the victim's bereaved family.

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