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(영문) 대구지방법원 2015.11.26 2015고단4836
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 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 of B Poter cargo vehicles.

On August 27, 2015, the Defendant driven the above cargo vehicle around 19:29, and proceeded two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the road in Daegu-do from the surface of the road to the side of the two lanes of the two lanes.

At night, since the road is proceeding on the right side narrow road, there was a duty of care to reduce the speed to the person engaged in driving of the motor vehicle, to accurately operate the steering gear, brakes and other devices, and to prevent the accident in advance by driving the steering system, the steering system, the steering system, the steering system and the other devices.

Nevertheless, the defendant neglected this and went beyond the body of the victim E (the age of 47) who was walking on the right side of the above cargo vehicle that the defendant is driving on the front side of the direction.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim due to brain damage caused by the two thrings from the tin.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. Application of the report on the occurrence of a traffic accident, the actual survey report, and on-site photographs statutes;

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, it is true that the defendant repents and reflects the wrongness.

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