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(영문) 대구지방법원 서부지원 2015.12.03 2015고단1764
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 is engaged in driving a motor vehicle in D SP area.

On August 20, 2015, the Defendant parked in the three-lane road in Daegu-gun E on August 20, 2015, but tried to move to the U.S. in the three-lane road.

At the time, the driver of the motor vehicle was getting off at night, and there are three-lane roads. In such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by operating direction, etc. when changing the lane, giving notice of the change in the course, and driving safely by safely considering the traffic situation of the front and rear left.

Nevertheless, as the Defendant neglected to turn to the left at a three-lane in order to make a U-turn, the Defendant was negligent in changing the lane to a one-lane, and the Defendant was driven by the victim G(40 years old) with the driver’s seat of the Defendant’s driving, which was driven by the victim G(40 years old) who was driving.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim at the Youngnam University Hospital located in Daegu Nam-gu, 170, Nam-gu, Daegu, on August 22, 2015 due to the foregoing occupational negligence, due to the cerebral department due to the exposure to the surgery for the surgery of the surgery and the cerebral function.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

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

1. Results of transport death, field survey and analysis;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence causes a traffic accident that conflicts with the victim's Oral part, which had been normally done in the course of attempting an illegal internship, by blocking the third line road.

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