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(영문) 대구지방법원 2015.09.10 2015고단2354

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the operation of the Grand City Corpool.

On January 22, 2015, the Defendant driven the above van at a speed of about 50km in speed, depending on one lane between the two-lanes in front of the Ecafeteria located in Daegu Northern-gu D, and one lane between the two-lanes in the direction of the lock and the two-lanes in the direction of the city.

At the time, nights and the nights and the nights of the non-off, the driver of the motor vehicle had a duty of care to reduce the speed to those engaged in driving business, to accurately operate steering devices, brakes, and other devices, and to ensure that the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the front and the right and the right well and the right and the right and the right, and

Nevertheless, the defendant neglected this and got the victim F(75 years old) who was in the vicinity of the center line on the left side of the direction of the proceeding to go beyond the left side of the knife.

Ultimately, the Defendant caused the victim by occupational negligence as above to be in an unidentified state due to severe cerebral brain injury caused by less than two open addresses.

Summary of Evidence

1. Defendant's legal statement;

1. Medical certificates and opinions;

1. Bluebbbox CDs;

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 criminal facts, Articles 3 (1) and 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Selection of Imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (4 to 10 months) (special mitigation) of traffic accidents (special mitigation) of category 1 of the Act on the Punishment, etc. of Specific Traffic Accidents and the victim is also at considerable fault in the occurrence of traffic accidents or the expansion of damage (one type) / Where a serious injury occurs (one type) (the decision of sentence) / Where the victim was at considerable fault in causing traffic accidents or expanding damage (one type).