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(영문) 대구지방법원 의성지원 2012.12.27 2012고단263
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a 6-line cargo vehicle.

On October 20, 2012, the Defendant driving the above cargo vehicle around 14:22, and proceeded at a speed of about 65 km in time, depending on the two-lanes from the 600-lane to the f00-lane away from the f00-lane to the ebbbbbbs of Sung-Eup, which is located in Sung-gun, Seongbuk-do.

At the same time, the victim C (the 78-year old) was followed by the driver's cherb in the same direction, so in such a case, the person engaged in the driving duty had a duty of care to look at the cherb well, and to secure and proceed a sufficient safety distance from the cherb and the cherb.

Nevertheless, the Defendant neglected to do so and did not properly look at the cateral engine before, and did not look at the cateral engine, and led the Defendant to the left-hand side of the victim's driver's driving.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence to the opening heat.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written result of autopsy;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The sentencing guidelines set by the Sentencing Committee are as follows. Article 62(1) of the Criminal Code of the Suspension of Execution (the defendant has no penal power against the defendant, the vehicle driven by the defendant is covered by a comprehensive insurance, the family members of the defendant do not want the punishment against the defendant by mutual consent with the victim's bereaved family members, the defendant's family relation is against the defendant, etc.).

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