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(영문) 대구지방법원 김천지원 2014.07.03 2014고단543
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a B B B B B or a car.

On March 15, 2014, the Defendant driven the above car at around 00:30,00, and continued to drive the six-lane road in front of the Korean National Bank in the Yongsan-si in the old city with the shape of the two-lanes of the shape, the four-lanes of the shape, the four-lanes of the shape, and the three-lanes of the width.

At night, it was difficult to view the place at night, and there was a point at the speed of 50km per hour, so there was a duty of care to drive the person engaged in driving business after complying with the speed limit and checking the right and the right and the right and the right and the right and the duty of care to drive.

Nevertheless, the Defendant neglected this and found the victims C (at the age of 51) and the victims D(the age of 40) who opened a road on the left-hand side from the right-hand side of the course due to the negligence of driving a speed of more than 100km a speed of 50km a speed exceeding 10km a speed of 1,00km a speed, and failed to avoid it.

As a result, the Defendant caused the death of the victim C from the above occupational negligence to the two parts, etc., and caused the death of the victim D by multiple organ damage, etc. in the old-ro 12, old-ro 10:01 of the same month, where the victim D was under the follow-up treatment at around 08:01 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report, such as a survey report on actual conditions, field photographs, and an investigation report;

1. Application of Acts and subordinate statutes to a copy of the autopsy report and a death diagnosis report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment specified for a crime against C with heavy circumstances);

1. At the time of the option of the punishment, in a situation where the bus is parked on the right side of the road from which the victims walk at the time of the option of the punishment, and it is difficult to secure the full view of the bus, the degree of overwork is extremely serious and the concealment of two trees is cut due to the negligence of the defendant.

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