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(영문) 대구지방법원 2016.04.21 2015고단6453
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a T2.5t-on trucking vehicle.

On April 7, 2015, the Defendant driven the above cargo vehicle at around 05:33, and led to the road of six lanes in front of the four-lane distance in the middle of Daegu Suwon-gu, along three-lanes from the nearest four streets to the horizontal four-lane.

Since there was a crosswalk at a front door, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce speed and to check the front side and the left side well, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and got the victim D (89) who had access to the crosswalks on the right side of the LIG building from the pande of the pande of the pande of the pande by the negligence, leading the victim to the right side side of the said cargo to go beyond the road.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence at the Daegu-gu Jung-gu University Hospital located in 130, which was under the influence of the treatment after April 7, 2015, due to the same occupational negligence, due to the depression and scarcity in credit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to traffic accident reports and death diagnosis reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

A disadvantageous condition: A victim of the instant accident.

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