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(영문) 대구지방법원 2016.05.26 2016고단793

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a observer car B.

On October 10, 2015, the Defendant driven the above car at around 06:05, and driven the D shop in Daegu-gu Dong-gu, Daegu-gu, along the two-lanes between the 3-lane and the e-lane from the e-mail along the e-mail.

At the time, since it is at night, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering gear and operation of the steering gear in a way that well sees the right and the right and the right and the right and the right and the right of operation.

Nevertheless, due to the negligence of neglecting this, the victim E (e.g., 57 years old) crossing the road on the right-hand side of the same speed was found late and the balke was taken, but the part of the victim's body was taken over as the part of the driver's seat in front of the driver's seat of the said vehicle due to the failure to avoid it.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the G Hospital emergency room located in Daegu-gu, Daegu-gu around 12:57 on the same day from brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A investigation report (a CCTV-accident image installed near an accident site);

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of special mitigation (the period between February and October) (the special mitigation person] where there is a substantial fault in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (including efforts that have been advanced for recovery from damage);

2. Although the occurrence of a serious result of the death of the victim due to the instant crime by the Defendant’s decision of sentence, the victim is also at fault.