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(영문) 대구지방법원 포항지원 2015.11.05 2015고단722

교통사고처리특례법위반

Text

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

except that 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

On July 4, 2015, at around 17:40, the Defendant was driving a car, driving a car, and driving the car into the third apartment zone of the E-cafeteria Do, which is located in the south-gu Office D at the port of port.

Since it is difficult to secure view due to parked vehicles on the road and it is a lot of pedestrian traffic, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately operating and operating the steering and steering system, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not discover the victim F (two years of age) on the road due to negligence that did not view the front side properly, caused the victim F (two years of age) to go beyond the victim by being driven by the front part of the vehicle, and caused the victim to go beyond the rear wheels.

Ultimately, at around 17:54 of the same day on the same day by occupational negligence, the Defendant caused the victim's sexual tension with a tension at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant laws concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accidents in the range of mitigation (including April to October of the safe) [special mitigation], punishment not (including a serious effort to recover from damage], and the case is heavier in the light of the fact that a victim who is two years of age dies due to the instant traffic accident.

However, in addition to the fact that the defendant neglected to perform his duty at the time of transfer, he seems to have no particular negligence in driving, the fact that he made efforts to rescue the victim and to send back to the hospital immediately after the accident, and the bereaved family members have agreed to pay a certain amount of money.