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(영문) 대구지방법원 안동지원 2016.04.15 2016고단101

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for six 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 freight B.

On October 26, 2015, the Defendant got back from the entrance and exit of the mouths at the west-si, Absk-si, Absk-si, at the time of Ansan-si.

A person engaged in driving service has a duty of care to safely drive the vehicle by checking the future and the left and right, and accurately operating the operation and steering gear.

Nevertheless, the Defendant neglected this and neglected to take the victim C (75) (75) who is located on the right side of the said vehicle back to the right side of the said vehicle and got the victim C (75) to go beyond the road, and served as the back wheels.

Accordingly, the defendant caused the death of the same victim by occupational negligence due to multiple organ damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a actual investigation report, a death certificate, and a postmortem inspection report;

1. Application of each statute on photographs;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended and the community service order shall be ordered, taking into account the fact that the victim’s bereaved family members agreed to it and the victim’s family members are in depth and wrong, and there is no serious criminal history, although a serious result of death has occurred due to traffic accidents due to the reason of sentencing under Article 62-2 of the