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(영문) 대구지방법원 2016.11.10 2016고단2969
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 28, 2016, the Defendant proceeded from the Cheongdo to the person who was in the Cheongdo.

Since the speed limit is 70 km per hour, a person engaged in the driving of motor vehicles has a duty of care to live well on the front side and the left side, and to prevent accidents by failing to drive in such a speed or method as to inflict any danger and obstacle on others.

Nevertheless, the Defendant neglected this and caused the damage to the right side of the victim C(69 years old) driving in violation of the signal to the right side from the left side of the running direction of the Madon to the right side of the victim C(69 years old) driving at a speed exceeding 36 km speed per hour.

Ultimately, at around 17:57 on the same day, the Defendant caused the death of the victim due to the injury and diversification of external wounds in the F Hospital located in Sinsan-si E by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (Securing ofCCTV images, etc.);

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes concerning postmortem records;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the event that there is a considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim, even though the victim is in the area of special mitigation (two to one year) (special mitigation) (including efforts to recover damage), no penalty (including a serious effort to recover damage): unfavorable circumstances: The fact that the defendant causes a traffic accident resulting in the death of the victim due to negligence while driving a speed exceeding 36 km; normal circumstances favorable: the victim has been negligent in violating the signal and the vehicle of the defendant driving.

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