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(영문) 대구지방법원 경주지원 2014.09.02 2014고단441
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 freight B.

On March 14, 2014, at around 21:10, the Defendant driven the above vehicle on the road in front of 2275 on the east-gu, Sinpo-Eup Do, Sinpo-si, and proceeded along one lane from the front village distance.

At the time, there is a night and a place where a residence is formed in the vicinity of the motor vehicle, and in such case, the defendant engaged in driving the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering gear and brakes according to the traffic situation in the place of the traffic.

Nevertheless, the defendant neglected this and did not discover the victim C (Woo, 73 years old) who was on the right side of the driving vehicle in the direction of the driving vehicle of the defendant, thereby receiving the victim from the front side of the driving vehicle of the defendant.

Ultimately, the Defendant caused the victim’s death by the negligence in the above business as a result, at around 23:10 on the same day, from a low-blood shock tank in the 87 East National University race Hospital at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (The following shall be taken into consideration: the vehicle of the defendant is covered by a comprehensive insurance, the bereaved family members of the victim and the individual agreement, any negligence exists to the extent that the victim was committed, the misunderstanding and reflects, the initial crime without any previous conviction, the age, character

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