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(영문) 대구지방법원 2015.06.11 2015고단1774
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing taxi vehicle.

On March 26, 2015, the Defendant driven the above vehicle on March 26, 2015, while driving the vehicle, and driving the vehicle in the direction of Grand Fag in the direction of Grand Fagrag in the direction of the same elementary school, depending on the three-lanes of the 368 U.S. Magsung-ro, Gagu, Daegu Suwon-ro, Gagro, Gagra.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering direction and brake system before, after, after and after the operation of the motor vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in driving the victim D(56 years of age) who was proceeding in the direction of the same elementary school in the direction of the same-sex passenger in the direction of the same-sex passenger, and received the part of the victim D(56 years of age) with the left side of the above vehicle.

As a result, the Defendant caused the victim to die of cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at the Gyeong-gu, Daegu, Daegu, 130 on March 26, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. A death certificate;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Special Mitigation) [including April to October] Punishment and Non-Voluntary (including serious efforts to recover from damage] [Determination of a sentence] The defendant caused the death of a victim due to the instant accident, but the defendant has agreed to the victim's bereaved family members and the bereaved family members. However, the victim's family members and the bereaved family members of the taxi mutual aid association are members of the taxi mutual aid association, there are no criminal records of suspended sentence or more, and there are other circumstances after the crime.

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