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(영문) 대구지방법원 서부지원 2014.08.26 2014고단886
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 B-to-car.

On April 29, 2014, the Defendant came to turn to the left from the front cycle to the front corner of the west-gu, Daegu Metropolitan City, at the front of the forest commercial housing located in the Seo-gu, Seo-gu, Daegu Metropolitan City.

At the time of night, it was difficult for a road to be cut off because it was difficult for a person engaged in driving of a motor vehicle at night. In such a case, the person engaged in driving of a motor vehicle has a duty of care to reduce speed, to take the right and the right of the motor vehicle well, to accurately manipulate the steering and the operation of the steering system, and to prevent the accident in advance.

Nevertheless, the defendant did not discover the victim C(34 years of age) who was walking on the right side at the right side of the road from the front corner of the accident point by negligence that neglected to turn to the left, and did not discover the victim C(34 years of age) and had the victim go beyond the ground floor with the front side of the left side of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die from the above occupational negligence on April 30, 2014 at the Gyeongbuk University Hospital located in 130, Jung-gu, Daegu, Jung-gu, Daegu, to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Traffic accident report(1)(2) - The actual condition survey report;

1. A death certificate;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first crime and the first agreement that only the victim and his/her bereaved family members have reached an agreement);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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