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(영문) 대구지방법원 김천지원 2014.04.23 2014고단97
교통사고처리특례법위반
Text

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

except that 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 D-Wood vehicle.

On November 12, 2013, the Defendant driven the above car at a speed of 06:10 on November 12, 2013, and turned to the left at a speed of about 50 km for the speed of 50 km from the right side of the front line in front of the front line in the Gu, Si, Si, Gu and Gu.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to good faith.

Nevertheless, the Defendant neglected to make a left turn to the right signal and got the front part of the victim E (the age of 60) driving, who was placed directly in accordance with the new code on the road adjacent to the right-hand signal, was fully equipped with the above car.

Ultimately, the Defendant caused the death of the victim due to the cerebral cerebral cerebralop in G Hospital located in the Gu, the Si, the Si, the Si, the Si, the Si, the Si, the Si, the Si, the Si, the Si, and the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident (2 reports) and a report on actual condition investigation;

1. Application of statutes to a copy of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] - Types 2 (Special Aggravation of Traffic Accidents Death, etc.): The elements for mitigation: [The scope of decision and recommendation in the recommended area] mitigation area, April-10 [General Convict] mitigation area, April-10] mitigation area, automobile comprehensive insurance policy and there is no history of criminal punishment - Reduction element: Cases falling under the proviso of Article 3 (2) of other special school Acts / [whether suspended sentence] major illegal grounds : Death - The main reason for death - the exemption of punishment and no history of criminal punishment - Other general illegal grounds: Article 3 (2) of other special school Acts.

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