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(영문) 대구지방법원 2014.04.24 2014고단1082

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a golf car.

On January 12, 2014, the Defendant operated the said car on a 20:35-lane, and continued to drive the said car along the two-lanes from the lower side of the three-lane road to Daegu.

In this case, the person engaged in the driving of motor vehicles has a duty of care to drive motor vehicles safely by putting the front door thoroughly.

Nevertheless, the defendant neglected to go beyond the road by failing to discover pedestrian D (Nam, 74 years of age) who crosses the road from the right side of the defendant's vehicle in Mamain, the defendant did not discover the pedestrian D (Nam, 74 years of age) who crosses the road on the left side of the defendant's front side.

In the end, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the long-term damage caused by the diversification of diversity in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Application of Acts and subordinate statutes to autopsy records and postmortem examination records;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction factors of Type II (Death of Traffic Accidents): Reduction factors of traffic accidents in the range of recommended sentences on the sentencing guidelines (the determination of types): Special mitigation areas of punishment [the range of recommending punishment], special mitigation areas, February or October, where there are considerable negligence on the occurrence of traffic accidents or expansion of damage to victims;

2. Determination of sentence: (a) the occurrence of a serious result of the death of the victim of the instant accident; (b) the bereaved family member and the bereaved family member agreed with the victim; and (c) the occurrence of a traffic accident is of considerable negligence; and (d) the driving vehicle