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(영문) 대구지방법원 경주지원 2015.08.13 2015고단403
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving a rocketing car.

On March 16, 2015, around 01:05, the Defendant proceeded with three-lanes in front of the “D Pharmacy” located in Si-si, Racing, along with approximately 70-80km speed from the racing station to the racing business.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and properly see the right and the right and the right and the right of the motor vehicle, and to accurately manipulate the steering gear and the system so as to prevent accidents in advance.

Nevertheless, the defendant neglected to do so and passed the above road to the right side from the left side due to the negligence of driving the vehicle as it is.

Ultimately, the Defendant caused the death of the victim due to cerebral injury in the East National University race Hospital located in Dong-si, 87, which was under the treatment of the follow-up on the same day at around 03:13 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Two copies of the traffic accident report, the actual survey report, and the investigation report (Notification of the results of the traffic accident investigation and analysis);

1. Notification of the results of traffic accident investigation and analysis and comprehensive traffic accident analysis;

1. A death certificate;

1. Application of eight-dimensional photographs of an accident site to Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. The sentence shall be determined as ordered in consideration of all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, circumstance after the crime, etc., and the reason for the suspended sentence under Article 62 (1) of the Criminal Act, which have been agreed smoothly with the victim's bereaved family member and the bereaved family member.

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