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(영문) 대구지방법원 2015.05.14 2015고단931

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight months.

However, 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 of Bsch Rexton vehicles.

On February 6, 2015, at around 08:05, the Defendant came to turn to the left at the right direction from 108 to 110 roads in front of the C Apartment 110-dong parking lot in Busan Metropolitan City.

In such cases, all drivers of vehicles have the duty of care to safely operate the steering system and brake system of vehicles by accurately operating the steering system and steering system of vehicles.

Nevertheless, the Defendant neglected to do so and did not look at the front side and the left side of the vehicle and did not discover the victim who was at the edge of the road at the left side of the direction, and did so to the left side of the vehicle.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence, i.e., the injury inflicted on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents Type II (Special Mitigation in April to October) (Special Mitigation in the mitigated area (including efforts to recover damage), punishment not (including special mitigation in order to make a sentence] [decision of sentence] Defendant’s death due to Defendant’s negligence in driving, and thus Defendant’s liability is not minor.

However, the sentencing conditions, such as the defendant's age, character and behavior, environment, and circumstances after the crime, shall be comprehensively taken into account the following factors: the defendant's mistake and reflects the defendant's mistake, the defendant's smooth agreement with his/her bereaved family members, the defendant has no record of criminal punishment, the driver's vehicle has been covered by the comprehensive motor vehicle insurance.