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(영문) 대구지방법원 포항지원 2015.01.21 2014고단1268

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for four 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 of CTrack trucks.

around 01:40 on September 26, 2014, the Defendant, at the port of port, led to the right bypassing the roads from the (ju) Dong-dong Special River, which are located in the (Dong) 468 (Dong) of South-gu Steel from the (Dong-dong Special River).

At the time, since it is at night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle, such as taking the front side and right side well, and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected to do so and neglected to bypass it, and was driven by the victim D(25 years of age) who was driving the said road from the direction of the management corporation to the Macheon-ri-ri, Ocheon-ri, the front part of the E Launa car was driven by the Defendant as the back wheels on the left side of the cargo vehicle of the Defendant.

Ultimately, at around 02:55 on the same day, the Defendant caused the death of the victim at the Ssccoin hospital located in the Nam-gu Sccocoin 351 on the same day due to the above occupational negligence, such as low blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A death certificate;

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

1. Application of accident site photographs and statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] is the case where the victim is negligent in causing traffic accidents or expanding damage in the area of special mitigation (one to six months) of the first type of general traffic accident (the special mitigation) (including efforts to recover damage), and where the victim is not punished (including the decision of sentence] [the decision of sentence] the result of the death of the victim due to the instant traffic accident, but the defendant's bereaved family members are punished by the defendant under an agreement with his bereaved family members.