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(영문) 대구지방법원 2015.08.20 2015고단2391

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 vehicle C.

On February 27, 2015, the Defendant driven the above vehicle at around 11:00, and moved to a right-way direction at the parking lot of the KTbong-dong, Daegu-gu, and going to a right-way direction at the front of the KTbong-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and neglected to bypass it to the right side of the direction of the proceeding, and received the victim D (the age of 81) a bicycle riding along the crosswalk from the right side of the direction of the proceeding in front of the above cargo vehicle.

Accordingly, at around 07:00 on March 23, 2015, the Defendant caused the death of the victim due to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ma.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. An accident site photograph;

1. Application of the 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 fact that the defendant repents and reflects the wrong, that the defendant has agreed with his bereaved family members, that the defendant has no criminal record of suspension of execution or more.