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(영문) 대구지방법원 2015.11.26 2015고단4918

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 who is engaged in driving a low-priced vehicle B.

On January 26, 2015, the Defendant driven the above vehicle at around 19:10, and proceeded in the direction of the market3 distance in the direction of the Young-dong, along the two-lanes in front of the entrance of the pet-dong office located in Yongcheon-si, Young-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to safely drive the steering direction and brakes by accurately operating the steering direction and brakes.

Nevertheless, due to the negligence of neglecting this, the Defendant received the body of the Victim C (72 years old) who was towing the shoulder from the left side of the said vehicle to the right side of the said vehicle.

As a result, the Defendant caused the victim to die by negligence on June 24, 2015 at Daegu-ro 99, Daegu-ro, Daegu-ro, Daegu-ro on June 24, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. A comprehensive traffic accident analysis report;

1. A death diagnosis report or a written request for examination;

1. Application of Acts and subordinate statutes to a criminal investigation report (C's bereaved family members D's submission of data);

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. The area (4 to 10 months) where the reduction area (4 to 10 months) of the death or injury of traffic accidents (special-sponsor) is mitigated due to the application of the sentencing criteria (the scope of recommendation);

2. As a result of the serious result of the death of a victim due to the instant accident in which a sentence of sentence was rendered, the nature of the crime shall not be negligible;

However, in light of the fact that the defendant is against the situation and the situation leading up to the death of the victim, it is difficult for the victim to fully revert the responsibility of death to the defendant, and the victim.