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(영문) 대구지방법원 의성지원 2014.01.16 2013고단284
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 low-speed car B.

around 18:45 on October 14, 2013, the Defendant driven the above passenger car, and was directly promoted the national highway No. 28 on the surface of the Gyeong-ri National Highway from the upper bank to the front bank.

At the time, there is a duty of care to prevent accidents in advance by driving a vehicle on the two-way road, which is a two-way road that is to drive at a speed of 60 km a speed limit of 60 km per hour, and has a duty of care to prevent accidents by thoroughly and complying with the speed limit.

Nevertheless, the Defendant neglected this and found the victim C (54 years old), and D (58 years old), which had been containing a rupture at the center of the last road at a speed of about 82 km in speed exceeding 22 km in speed from the speed limit, and received the front side of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim C in his job due to the above occupational negligence, and the victim D suffered injury, such as an injury to the left-hand fladal of a fladal, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the results of the investigation and analysis of actual condition, traffic accident report, accident-related photographs, body autopsy report, diagnosis report, and traffic accident;

1. Article 3 (1) and the proviso to Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The reason for sentencing] - The instant traffic accident occurred when the Defendant, while driving a motor vehicle in excess of the speed limit at night, due to the wind that the Defendant neglected his/her duty of front-time care while neglecting his/her duty of front-time care, and the negligence was serious. The instant traffic accident is causing damage to the victim C due to the instant traffic accident, resulting in a serious injury by the victim D [T].

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