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(영문) 대구지방법원 2015.05.21 2015고단406
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On December 23, 2014, at around 08:15, the Defendant driven Cpoter 2 Freight, and tried to change the lane to the third lane, while the two lanes were stopped along the two lanes from the amcar-distance distance to the Gongsan-water distance.

In such cases, a person engaged in driving service has a duty of care to safely drive a motor vehicle, such as not changing course, if it is likely to impede the traffic of other motor vehicles in the vehicle line to verify and change the status of the vehicle intended to change prior to such change.

Nevertheless, the Defendant neglected this and caused the death of the victim F (the 47-year-old), who is proceeding at the rear line, due to the occupational negligence of changing the course to the third line. The Defendant had the victim F (the 47-year-old) drive G 3001 Oraba in front part of the victim F (the 47-year-old) drive, and had the victim take back the back part of the truck's right side of the truck's freight, and caused the victim's death of the two alleys and the plup cuple at the I Hospital located in H in Daegu-gu, Daegu

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents Type II (Special Mitigation in April to October) (Special Mitigation in the mitigated area (including efforts to recover damage), punishment not (including special mitigation in order to make a sentence] [decision of sentence] Defendant’s death due to Defendant’s negligence in driving, and thus Defendant’s liability is not minor.

However, the fact that the defendant is dissatising and dissatising the defendant's mistake, and the bereaved family members and the bereaved family members.

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