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(영문) 대구지방법원 2015.11.26 2015고단3794
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a DNA rocketing vehicle owned by the victim C (70 years of age).

On July 24, 2015, the Defendant driven the above vehicle on July 13:30, 2015, and led the Defendant to drive the vehicle in the direction of Daegu Eup/Myeon from the direction of the name of the Dong-dong in the name of the Dong-dong located in the Daegu Northern-gu Center 746 (In Eup/Myeon-dong) Dong-dong, one lane in front of the Dong-dong Security Center.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without breaking the center line by accurately manipulating the front line and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the Defendant neglected this and got the front part of the victim E(50 years old) driving with one lane in the opposite direction due to the negligence of driving the center line, and received the front part of the victim E(50 years old) driving.

As a result, the Defendant caused the victim C, who was on the top of the steering force of the said rocketing vehicle due to the above occupational negligence, to die from the shock of circular blood quantity at the Gyeongdong University Hospital located in Daegu Jung-gu, Daegu-ro, 130 on July 24, 2015, and suffered injury to the victim E in need of approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to medical certificates and death medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The area (4 to 10 months) where the reduction area (4 to 10 months) of the death or injury of traffic accidents (special-sponsor) is mitigated due to the application of the sentencing criteria (the scope of recommendation);

2. The result of the judgment of sentence is the death of the victim C due to the central crime of this case.

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