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(영문) 대구지방법원 김천지원 2014.11.20 2014고단1063
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for two 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 a B Carpolym.

At around 19:00 on September 18, 2014, the Defendant driven the above van, which led to the running of a gold-free shop in the Gu-U.S. Along with the head of Si/Gu-U.S., the front of the road was driven from the mountain bank to the rooftop distance.

At the time of night, the person engaged in driving service had a duty of care to check and drive the course safety by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and caused the death of the victim C (at least 92 years of age) who crosses the road to the right side from the left side of the moving direction to the front right side of the above Gohap, due to the occupational negligence, and caused the victim to die by cutting back cage cages at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of each traffic accident, on-site, and photographs of the victims, actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes to a copy of autopsy report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of road conditions at the time of the accident, degree of negligence of the victim, etc., taking into account the fact that the punishment was weak, that the bereaved family and the defendant agreed smoothly with the victim, that the defendant suffers from considerable mental suffering, and that the defendant has no particular criminal record);

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