beta
(영문) 대구지방법원 2015.04.09 2014고단6633

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 C5 tons' grassland trucks.

On October 2, 2014, at around 18:45, the Defendant driven the above vehicle, and led to two-lanes from the petition side to the port point of the Nakdong Dong-dong at the time of residing in Gyeongcheon-dong at Gyeongcheon-dong.

At the same time, it is an expressway, and in such a case, the driver of the vehicle has a duty of care to prevent the accident due to the following: (a) the driver of the vehicle had a duty of care to prevent the accident by thoroughly manipulating the traffic situation on the front side and the right side and the right side; and (b) the driver of the vehicle has a duty of care to prevent the accident by

Nevertheless, the Defendant neglected to drive a stroke while driving, and was found to have been employed as the front part of the truck operated by the Defendant, following the top top of the Efexton car in the front direction of the Dexton car in the front direction.

Ultimately, the Defendant caused the death of the victim F (58 years of age) who was on board the second top top seat of the Co., Ltd. of the Co., Ltd. on October 3, 2014 at the H hospital located in G on October 3, 2014 at the time of permanent stay at around 00:57.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to the I;

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

1. A death certificate;

1. Application of statutes on field photographs;

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 of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) [including efforts to recover from traffic accidents] and not subject to punishment (including special mitigation] [Article 62(1) of the Criminal Act] [Article 62(2) of the Criminal Act [Article 62(1) of the Criminal Act] [Article 62(1) of the Punishment Act] [Article 62(1) of the Criminal Act]. However,