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(영문) 대구지방법원 경주지원 2014.11.12 2014고단552
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 one year 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 B-ro car.

On April 7, 2014, the Defendant driven the above car on April 21, 201, and had the front road, prior to the entrance of the entrance of the two North Korean Dos at the time of the race, the Defendant proceeded along one lane on the side of the half-way bathing beach.

At the time, there are nights and the entrance of a tourist destination and village, and pedestrians frequent, so in such a case, the defendant engaged in driving of the motor vehicle had the duty of care to prevent accidents in advance due to the traffic condition of the location of the vehicle.

Nevertheless, the Defendant neglected this and did not find the victim C (I, 65 years old) who was on the right side of the car driving direction and did not find the victim C (I, 65 years old) and got the victim to the right side of the car.

After all, the Defendant caused the victim to suffer from the above occupational negligence at around 21:39 on the same day, and caused the victim's diversative organ damage and the death of the frame in the emergency department of the E Hospital located in Ulsan-gu, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes to a traffic accident report, field map, photograph, actual condition survey report, autopsy report, autopsy report, investigation report (related to submission of a certificate of insurance coverage), verification personnel, investigation report (related to submission of a written agreement), and written agreement;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. As to the suspended sentence of Article 62(1) of the Criminal Act, the range of punishment [the range of recommendation] set forth in Article 62(1) of the Criminal Act shall be the area of mitigation (4 to 10 months) (the special mitigation) [the decision of sentence] of mitigation area (the decision of sentence] of the victim's death: Provided, That it was agreed with the bereaved family of the victim, the fact that the victim was covered by a comprehensive insurance, the first crime, and other defendants.

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