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(영문) 대구지방법원 경주지원 2014.11.12 2014고단550
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 a Class B EF car.

On May 8, 2014, the defendant operated the above car at around 22:20 on May 22, 2014, and opened the two-lane road in front of the D in the racing C, and proceeds from the shore to the south side of the racing.

Since there is a limited speed at a speed of 60 km, there was a duty of care to prevent accidents by complying with the restricted speed to those engaged in driving of a motor vehicle and operating a steering system and operating a steering system accurately.

Nevertheless, the defendant neglected to operate the bicycle at a speed exceeding 92 km per hour, and found the victim E (n, 77 years old) who was driving a bicycle on the left side from the right side of the running direction to find it late later, and operated it to avoid collision, but did not avoid it, the defendant's vehicle was shocked to the front side of the victim's bicycle.

Ultimately, around May 9, 2014, the Defendant caused the victim to die due to less than the number of injury in the East National University, University, Racing Hospital on May 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to one copy of a report on the occurrence of each traffic accident (Death), on-site survey report, on-site photograph, front photograph, death certificate, attachment of automobile insurance coverage certificate institute, on-site inspection report, written agreement, internal investigation report (as to the skiing mark of a victim's vehicle), investigation report (as to the confirmation of speed limit of 60km), and the distance photograph of NAV map;

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. The suspended sentence of Article 62 (1) of the Criminal Act shall be sentenced to the two types of general traffic accidents (the scope of recommendations).

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