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(영문) 대구지방법원 안동지원 2016.01.12 2015고단752
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a cargo vehicle B 4.5 tons as his duties.

On September 14, 2015, the Defendant driven the above cargo vehicles around 10:20 on September 14, 2015, and led to the front way of the joint market for agricultural products in Ansan-si, Pungdong-si, Pungdong-si, to the inside of the Dong-dong Si, Pung-si.

In such a case, the driver of all vehicles has a duty of care to take into account the traffic situation before and after the vehicle and to not drive the vehicle at a speed or in a manner that may cause any danger and obstacle to others.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to proceed as it was, led to the negligence of neglecting and proceeding in the front. The part of the victim C (60) driving, which was proceeding earlier, was inferred into the front part of the cargo vehicle of the Defendant.

As a result, the Defendant caused the victim to die of a multilateral trauma due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on a traffic accident, a report on actual condition, a death certificate, or a written autopsy report;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence shall be suspended by taking into account the following facts: (a) although there was a serious result of death due to traffic accident due to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) however, the victim’s bereaved family members agreed to agree with each other; (c)

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