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(영문) 대구지방법원 서부지원 2014.10.10 2014고단1153
교통사고처리특례법위반
Text

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

However, 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 B rocketing.

On August 2, 2014, the Defendant driven the said car at around 00:40, while driving it on August 2, 2014, 554, along the month of Daegu Seo-gu, continued to drive the front road of the Sejong Feng Feng-gu at about 70km from the gale-distance to the new Ne-distance.

Since the location is where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the defendant neglected this and did not discover the victim C (31 years of age) who was driving on the left-hand side from the right-hand side of the defendant's running direction by neglecting and proceeding the stop signal as it is, and caused the victim to go beyond the road due to the failure to discover the victim C (31 years of age) who was driving on the front-hand side of the above car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Young-gu Daegunam University Hospital on August 2, 2014, Daegu, 170, which caused the death of the victim due to brain injury.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A survey report on actual condition (1, 2 copies);

1. Application of Acts and subordinate statutes to a report on investigation (verification of a person who suffers from death);

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 (including the first offense, and the first offense, and the first agreement between the victim and his/her bereaved family members);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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