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(영문) 대구지방법원 포항지원 2019.05.22 2019고단373
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 vehicle B with a vehicle.

On February 21, 2019, at around 19:25, the Defendant made a turn to the left at a speed of about 20km at a speed of about 20 km, depending on the road of about 326 km in the direction of the Port IC in the direction of the Republic of Korea.

At night, since the above place was at night and there was a left left turn, the driver of the motor vehicle at such place had a duty of care to prevent traffic accidents by properly operating the steering system and operating the steering system and operating the steering system.

Nevertheless, the defendant neglected this and failed to properly turn left at the front, and the victim C (the age of 60) driven by the victim C (the age of 60) who was straighted from the opposite direction of the defendant due to the occupational negligence that led to the left turn, was shocked with the front door of the car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to brain injury at the site of the traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. A report on the occurrence of a traffic accident - a photograph attached, a report on actual condition, a criminal investigation report-faging photographs, an investigation report (verification of dynamic images);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents) (4-1 year) (Special Mitigation) (Pronouncement Decision] and the Defendant’s decision not to punish a person subject to punishment [Special Mitigation Decision] are bound to turn to the left by the vehicle in front of the unprotected left-hand left-hand turn while making a telephone conversation with a large interest while driving;

Pursuant to the new paragraph, the damage directly caused by the opposite direction conflicts with the U.S. P. E.

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