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(영문) 대구지방법원 2016.07.07 2016고단1408
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

On December 30, 2015, the Defendant operated the above car at around 18:03, and proceeded at a speed of about 67 km per hour, depending on the two-lane roads from the 5th national highways in Daegu-do National Highway C to the military air protection area from the Daegu-do National Highway.

At that time, there were victims E (n, 61 years of age) who are crossing the road without permission on the front side, so there was a duty of care to ensure that a person engaged in driving service has a duty of care to drive the road at a safe speed and in a safe manner by checking whether there is any person who gets to drive the road by reducing speed and properly operating the steering and brakes.

Nevertheless, the defendant neglected this and did not properly examine the right and the right and the right and the right, and did not avoid the victim who illegally crosses the right and the right and the right and the defendant was driven by the front part of the car driving by the defendant.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu, Nam-gu, 16:41, on January 10, 2016, due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Results of traffic accident analysis;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents), [the person subject to special mitigation] [the person subject to special mitigation] punishment is not punishable (including efforts to recover damage] [the decision of sentence] that caused the death of the victim due to the instant accident, and the punishment for such crime is somewhat weak.

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