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(영문) 대구지방법원 서부지원 2018.12.12 2018고단1220
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 the B-learning passenger car.

On March 24, 2018, the Defendant driven the above car at a speed of about 46 km per new distance from the basin of the Giseo Industrial Complex, and proceeded at a speed of about 46 km per hour in accordance with the 316th floor of the apartment.

Since there are many places where the traffic of ordinary vehicles is frequent, the driver has a duty of care to prevent accidents by driving a person engaged in driving service with a safe driving by living well on the right and the right and the right, and by moving the vehicle at one time when intending to change the vehicle.

Nevertheless, the Defendant neglected this and tried to change two lanes at one time without living well ahead of it, and caused the victim to go beyond the road by taking the front part of the right side of the victim C(38 Do) driving by the victim C(38 cm) with a speed of about 96 km from the left side of the running direction of the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by damaging two parts at the Gyeongbuk University Hospital in Daegu-gu, Daegu-ro, 130, on March 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has occurred due to negligence that the defendant did not give the right and the right of the front line at the time of changing his superior line. Accordingly, the occurrence of a serious result of the victim’s death. Meanwhile, the defendant is against the time of committing the instant crime, and only agreed with the victim’s bereaved family members.

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