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(영문) 대구지방법원 2014.07.24 2014고단3057
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 a K5-car.

On April 1, 2014, the Defendant driven the above car on April 1, 2010, and proceeded at the intersection of the short-distance street in the shortest north-ri, from the Jinsan City to the person in the direction, about 89 km each hour, depending on two lanes.

At the time, there was a duty of care to follow the signals and instructions indicated by traffic safety facilities to the driver of a motor vehicle, and to the driver of a motor vehicle.

Nevertheless, the defendant neglected this and went to the right side of the D Poter Cargo of the victim C(53 years old) who turn to the right side from the right side of the vehicle due to the negligence of the vehicle stop signal, conflict with the front side of the passenger car of the defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Jung-gu, Daegu Metropolitan City E, which was under the follow-up treatment at around 18:30 on April 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. Notification of results of the traffic accident investigation and analysis;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act to order to attend a compliance driving lecture [the scope of recommendation] general traffic accident [the person subject to special mitigation] [including a serious effort to recover from damage] mitigated area (including a person subject to special mitigation] [the sentence] of imprisonment without prison labor for August and a stay of execution for 2 years, and the accident of this case was issued due to the defendant's signal violation, and the occurrence of the serious result of the victim's death, the crime of this case is heavy, but the defendant is closely against the crime of this case.

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