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(영문) 대구지방법원 안동지원 2014.10.10 2014고단560

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:40 on June 4, 2014, the Defendant, who is engaged in driving a rocketing car, was driving the said car, and was driving the car into a schilling slope from the inside of the road of the glance-gun at the top of the wing-gun.

Defendant

On the front side of the vehicle, the driver of the vehicle is proceeding in order with a numberless blue truck and a light rail, so that the driver of the vehicle has a duty of care to ensure the safety distance and operate the steering gear and operating the steering gear and operating the steering system accurately, but the defendant neglected to do so and failed to keep the safety distance and failed to do so, and thereby led the driver of the vehicle to the left side of the vehicle that he was driven by the driver of the vehicle while driving the vehicle without securing the safety distance. In addition, the driver of the vehicle was found to have been driven by the driver of the vehicle by the driver of the vehicle, and the driver of the vehicle was found to have been driven by the driver of the vehicle by the driver of the vehicle without neglecting the duty of care to safely drive the steering gear and operating the steering gear and steering system.

Ultimately, the Defendant caused the victim's death by occupational negligence at around 19:08 on the same day through low blood transfusion shock, etc. while being treated in the emergency room of a hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to each traffic accident report and inspection protocol;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence) [the scope of recommendation] of the general traffic accident category 2 (the area of mitigation (4 to 10 months) (including special mitigation), punishment not (including efforts to recover from damage) [the decision of sentence] of a criminal defendant, resulting in the result that the defendant could not be able to take account of the victim's death due to the occurrence of a traffic accident.