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(영문) 대구지방법원 경주지원 2015.10.14 2015고단690
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a car Ci30.

On May 16, 2015, the Defendant driven the above car at around 23:00 and proceeded at a speed of about 60 to 70 km per hour from the breadth of the city road 2257-8 68, the front side of the Daegu City City of the local highway at the front side of the Daegu City of the local highway, which is about 257-8.68.

At the time, since it is night and its location is without street lights, there was a duty of care to prevent accidents in advance by accurately operating steering gear and brakes for those engaged in driving of motor vehicles and by checking well.

Nevertheless, the defendant neglected this and received the body part of the victim D (year 31) who crosses the road to the right side from the left side of the defendant's moving direction as the front unit of the driver's car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to serious brain injury in the workplace.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to one copy of a traffic accident report, actual condition survey report, ledger of driver's license, red tide survey report, field photo, body photo, autopsy report, scene map, written agreement, agreement, request for speed analysis of a vehicle causing a traffic accident, notification of the results of the analysis of the traffic accident, report on investigation (verification of the fact of being insured as a comprehensive insurance) and comprehensive certificate of automobile insurance

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following conditions of sentencing, the first sentence, etc.) (the scope of recommending punishment) of the Act on the Suspension of Execution (the following conditions of sentencing) (the scope of recommending punishment) general traffic accidents in the area where mitigation of traffic accidents ( April to October) is mitigated (the area where special mitigation is made);

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