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(영문) 대구지방법원 2014.04.24 2014고단1061
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-ro taxi.

On January 5, 2014, at around 00:45, the Defendant proceeded at a speed of about 93 km from the border university to the lower side of a Daegu City, which is located in the Sinyang-Eup Sinsan-si, at a speed of about 93 km from the border university.

Since there was a national highway of 80 km of restricted speed, the person engaged in driving of a motor vehicle had a duty of care to see the ebbbbbrance and operate the brakes accurately while complying with the restricted speed.

Nevertheless, the Defendant did not find out the victim C (the age of 42) who walked in the opposite direction while proceeding more than the restricted speed as above, and received the victim from the front part of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as a cage cage at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. A corpse of corpse;

1. Application of Acts and subordinate statutes on analysis of operational records;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of Type II (Special Aggravation of Traffic Accidents Death, etc.): Reduction area of punishment not [Recommendation Scope of Punishment], reduction area of punishment not [Recommendation Scope of Punishment], April or October;

2. Where the instant accident brought about the death of the victim due to the death of the victim, the following grounds: (a) the Defendant’s mistake was against the victim’s bereaved family members; (b) the Defendant’s driver’s vehicle has agreed to the mutual aid association; (c) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime were committed.

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