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(영문) 대구지방법원서부지원 2020.08.19 2020고단550
교통사고처리특례법위반(치사)
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 low-speed car B.

On November 11, 2019, the Defendant driven the above car on the 17:57th day of November, 2019, and led to the flow of the two straight line in front of the Gyeongbuk-gun Seoul along the long-term distance from the daily side.

In such a case, the driver of the motor vehicle shall accurately operate the steering gear, brakes and other devices of the motor vehicle and shall not drive the motor vehicle at such a speed or in such a manner that the traffic situation of the road and the structure and performance of the motor vehicle may cause danger and harm to other persons.

Nevertheless, the defendant neglected to do so and did not find the warning engine of the victim D (ma, 70 years old) who was under direct progress due to negligence while driving it as is, and instead, received the rear part of the warning engine to the front part of the vehicle in front of the above high-est typ, and caused the shock, which is owned by E (ma, 34 years old) who was parked on the right side of the road due to the shock.

In the end, the Defendant caused the death of the victim due to the damage of water from the scam of the scam to the scam of the scam.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. The actual condition survey report;

1. A death certificate;

1. Application of statutes on site photographs;

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. The instant traffic accident occurred due to the Defendant’s occupational negligence, which failed to discover the warning flag that the victim had driven, due to neglecting the explanation of the sentencing of Article 62(1) of the Criminal Act on the suspension of execution, due to the Defendant’s negligence, and the occurrence of a serious consequence that could not follow the victim’s death. Thus, the Defendant was seriously interested.

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