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(영문) 대구지방법원 서부지원 2015.04.28 2015고단263
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 engaged in driving a rocketing car.

On December 1, 2014, the Defendant driven the above car at around 18:40 minutes and proceeded at about 110 km from the border line to the Manpo-si, Simpo-si, Simpo-si, Simpo-si, Simpo-si, Simpo-si, Simpo-si.

Since there is a limited speed of 70 km per hour, a driver engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and thoroughly driving the motor vehicle at the front time.

Nevertheless, the defendant neglected this and found the victim C (the age of 59) who crossed the road to the right side from the left side of the defendant's moving direction to the right side at a speed exceeding 40 km per hour, and operated the road rapidly. However, the defendant did not avoid the situation and did not go beyond the ground after receiving the above victim's bridge from the front part of the defendant's car.

Ultimately, around December 1, 2014, the Defendant caused the death of the victim in the emergency room of a character university hospital in Taedong-gu, Daegu-gu, Daegu-gu on December 1, 2014 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

1. Protocol of inspection;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, such as the fact that an agreement is reached smoothly with the victim's bereaved family member, the fact that an accident occurred during the crossing of the victim without permission, the fact that the victim purchased a comprehensive insurance policy,

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