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(영문) 대구지방법원 2015.01.29 2014고단5770
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 B-si.

On October 15, 2014, the Defendant driven the above taxi at a speed of about 85 kilometers a speed of 85 kilometers a speed, depending on the two lanes between the three-lanes in the direction of the galter between the galter and the galter between the galteral distance.

At night, the above place was at night, the speed of the restriction is 70 kilometers per hour, and the signal lights are installed on the front door, so a person engaged in driving duty is able to check whether there is a person who gets on the front side and the right side while observing the speed of restriction, and to check whether there is a person who gets on the front side and the right side in good manner and to prevent the accident in advance.

Nevertheless, the Defendant, while driving at a speed of about 85 kilometers per hour, neglected the duty of her front side and the left side of the vehicle due to occupational negligence, led the Defendant to go beyond the road by taking the left side of the victim E (in the case of 71 years old) on the right side of the road to the left side of the road of the Defendant’s red signal.

As a result, the Defendant caused the victim's death by occupational negligence at around 10:50 on October 15, 2014, by using a low-quality shock in the Do which was being treated at the Ganbuk University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

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 a report on investigation (related to the verification of black stuffs and images installed on a feet vehicle);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending sentence] of the General Traffic Accidents Act (Type 2 (Death resulting from Traffic Accidents) (Class 4-10) (Special Mitigation) is mitigated (including serious efforts to recover damage).

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