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(영문) 대구지방법원경주지원 2020.10.29 2020고단303
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a BM5 vehicle.

On December 29, 2019, the Defendant driven the above vehicle on December 22:02, 201, while driving the vehicle at a speed of at least 87 km in speed from C to C, which is about 87 km in speed, the first axis of the Alcheon Sports Park, which is located in 883-1, YY-dong, Young-gu, Young-si.

It was a plucker, plucker, etc. at the time, which sets a speed of 60km per hour, to the right side of the two-lanes. In such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance, such as plucking another lane at a speed of less than 48 km per hour, which reduces 20/100 of the speed limit. In such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded without properly operating the steering gear at a speed exceeding 20 km per hour. On the other hand, the Defendant came to the front part of the said car operated by the Defendant on the back side of the victim D(W, 28 years old) ENS car operated by the Defendant on the one-lane side of the said car. As a result, the milch car and the Defendant’s above car are cut off on the road surface, and the milch car turn over the center line, and received at the two-lane GH car operated by the victim F (F, South, 5 years old) on the other side of the above car operated by the Defendant, and then received at the same one-lane from the victim H (F, South, and 31 years old) on the other side of the above car operated by the Defendant.

Accordingly, the Defendant caused the victim H to death by the above occupational negligence at around 23:04 on the same day, such as low blood transfusion shock, etc. while being treated by the J and K Hospital at around 23:04 on the same day, and the victim D and the victim F need to be treated for about three weeks.

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