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(영문) 대구지방법원 2015.08.27 2015고단3465

교통사고처리특례법위반

Text

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 of Poter Cargo Vehicles B.

On March 18, 2015, the Defendant driven the above vehicle at around 22:20 on March 18, 2015, and led to the direction of solar distance in the direction of solar distance, depending on the four-lane two-lanes in front of the D subject in Daegu Northern-gu C.

At the same time, there was a duty of care to reduce the speed and to safely drive the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant was negligent in driving the vehicle by neglecting it, and the Defendant was found to have the body of the victim E (59 years old) who dried the crosswalk in the right side of the direction of the course with the red light.

As a result, the Defendant caused the victim to die by occupational negligence on March 18, 2015, such as the suspension of cardiopulmonary function due to external shock in the Daegu Northern District University 440, as the central center of the Daegu Northern District, on March 22:20, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on a written autopsy;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] is the case where the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage), the defendant's decision not to punish (including voluntary efforts to recover damage) [the decision of sentence] the defendant caused the serious result of the victim's death of the victim of the instant accident. However, without permission crossing of the victim of the instant accident, the victim's without permission was the cause of the instant accident, the victim's bereaved family and the victim's family and the victim's comprehensive insurance.