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(영문) 대구지방법원 안동지원 2014.05.23 2013고단801

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 18:05 on November 7, 2013, the Defendant, who is engaged in driving of B low-est passenger cars, was driving the above passenger car, and led to two-lanes of two-lanes among the two-lanes by driving the national highway No. 5, which was 900 meters prior to his permanent residence, at the time of his permanent residence.

At night, the driver of a motor vehicle had a duty of care to thoroughly see the front side and operate the steering and steering gear accurately, but the defendant neglected to do so and failed to do so, and the defendant did not live well before it, and the victim D (the age of 61) who was standing on the left side of the road of the side and carried a drilling at a two-lane from the front side of the defendant's proceeding direction, was placed in the front part of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim on the spot due to brain damage caused by the aforesaid occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a survey report on actual condition and photographs on accident site;

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 range of recommending punishment] of the Act on the Suspension of Execution of General Traffic Accidents [the range of recommending punishment] The area of mitigation (4 to 10 months) (including special mitigation), the area of mitigation (including efforts to recover from damage) [the decision of sentence] of mitigation (4 to 10 months), the imprisonment without prison labor] six months, the suspension of execution of one year brought about the death of the victim by traffic accident, and the liability for such crime is not easy, but the defendant shows a attitude that recognizes his mistake and reflects himself, the victim's bereaved family members and his bereaved family members agreed to do so, and all the conditions stipulated in Article 51 of the Criminal Act.