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(영문) 대구지방법원 경주지원 2014.09.03 2014고단375
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who drives a B B B B or a car on duty.

On May 2, 2014, the Defendant driven the above car at a speed of about 60 kilometers per hour from the 19:00 on May 2, 2014, and proceeded ahead of the water pumping station on both North and South Korea at a speed of about 60 kilometers per hour from the west-ri side of both North and South Korea.

At the same time, the two straight lines are the straight line with the center line, and at the same time, the road construction works are carried out on the left side of the road, and there was a duty of care to confirm and drive the course safety by well examining the left side and the right.

Nevertheless, if the defendant neglected to operate the steering gear and was negligent beyond the central line, the victim C(37 years of age) who had been engaged in the construction of the irrigation channel on the left-hand side of the car, conflicts with the front-hand side of the car.

Accordingly, while the defendant transferred the victim to a hospital, he/she caused the death of the victim due to cardiopulmonary suspension.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of D and E;

1. The written statement of the defendant;

1. Application of the Acts and subordinate statutes of the Motor Vehicle Accident Report, on-site investigation report, on-site investigation report, corpse inspection report, corpse inspection report, driver's license register, car driving certificate, chassis, mandatory insurance, passport inquiry, copies of passport, inspection report, investigation report, written agreement, coal application, and certificate of automobile insurance coverage;

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. Sentence of the suspended sentence of Article 62 (1) of the Criminal Act (the scope of a recommendation) is not subject to punishment for the mitigated area ( April to October) (special mitigation).

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