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(영문) 대구지방법원 2015.08.20 2015고단2904
교통사고처리특례법위반
Text

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

However, 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

At around 21:35 on June 7, 2015, the Defendant: (a) driven the B B B B-W truck, and (b) driven the three-lanes of the four-lanes in front of the “The Home D-Wers Busan Metropolitan City 288” (hereinafter referred to as the “The Home P-Wers Busan Metropolitan City Do 288) at a speed of about 50km in the speed of the Sinsan-do 288, the Defendant caused the death of the victim C (n, 73 years old) who crosses the said road to the right from the left side of the running direction due to his occupational negligence while neglecting the duty of the Jeon-si Do 200km, and caused the death of the victim at a university hospital located in Jung-gu, Daegu-gu, Daegu Metropolitan City 130-gu, to the heart 130-gu Do 20-gu Do 2015.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] is the reason for the suspended sentence under Article 62(1) of the Criminal Act. In the event that there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two to ten months) [Special Mitigation] [including efforts to recover damage] / The defendant has caused the serious result of the victim's death in the instant accident, but without permission, the defendant caused the serious result of the victim's death in the instant accident. However, without permission, the victim's without permission is the cause of the instant accident; the victim's bereaved family members and the victim's bereaved family members are covered by the comprehensive insurance; the victim's age, character and behavior, intelligence and environment; the motive, means and result of the crime; and the circumstances after the crime, etc., the sentence as per the order shall be determined.

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