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(영문) 대구지방법원 2014.05.15 2014고단1380
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a BScar car.

On December 2, 2013, the Defendant driven the above car on December 06:38, 2013, and driven the two-lanes in front of the pushing ice alley-dong in Daegu-gu, Daegu-gu, toward the direction of the tride distance from the direction of the tride distance, and proceeded at the speed of about 60-80 kilometers per hour according to one lane.

At night (on duty: 07:18), it was difficult to set up at night (on duty: 07:18) and there was a store in both sides, and thus, there is a person crossing the road. In such a case, the driver of the motor vehicle has a duty of care to reduce the speed of the person engaged in driving the motor vehicle, to properly look at the right and the right, and to accurately operate the steering and the system, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and tried to find out and avoid the victim C (the age of 93) who was unclaimed to the right from the left side of the right side of the course of marina course due to negligence, but did not avoid it, but did not go beyond the road by taking the part of the victim's arms back to the left side of the Defendant's car.

Ultimately, at around 09:47 on January 9, 2014, the Defendant caused the death of the victim due to a pulmonary blood transfusion due to a acute fladrosis during hospitalization at the E hospital located in Daegu-gun D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

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

1. Application of Acts and subordinate statutes to autopsy records and death diagnosis reports;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the decision of a suspended sentence) of the Act on the Suspension of Execution shall be the general traffic accident of the second category (the death of a traffic accident): The victim shall also be negligent due to the occurrence of a traffic accident or the expansion of damage;

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