(영문) 대구지방법원 서부지원 2015.02.13 2014고단1744

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2015.02.13 2014고단1744

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On August 6, 2014, the Defendant driven the said car at a speed of about 10 km to turn to the left at a speed of about 10 km from the west-gu, Daegu-gu, the side road in the vicinity of D circulation C at the front of Daegu-gu.

At the time, there are nights and places of houses, and in such a case, there was a duty of care to prevent accidents in advance by reducing the speed for those engaged in driving a motor vehicle and properly manipulating the steering direction and brakes, and accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and got the victim E (the age of 47) who was under the influence of marine alcohol due to negligence while driving the car as it was. The Defendant received the above part of the victim E (the age of 47) as the front part of the car.

Accordingly, the Defendant caused the death of the victim E due to the low-blood shock, which caused the 17-lane 33 of Daegu-gu, Daegu-gu, 2014, where the victim E was under transmission treatment at around 08:0 on August 7, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual survey report on traffic accidents (1) (2);

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant provisions of relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Handling of Traffic Accidents According to Selection of Punishment, and Article 268 of the Criminal Act.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order set forth in Article 334(1) of the Criminal Procedure Act at an unfavorable condition that the defendant committed a serious consequence of the death of the victim due to the violation of the duty of care in the front direction, the punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the confession and reflect of the defendant; (b) there is no criminal punishment history; (c) the negligence of the victim who was coming on the alleyway, the occurrence

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