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(영문) 대구지방법원 2015.01.15 2014고단5212
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

Around 08:33 on September 11, 2014, the Defendant was driving the C Poter Cargo Vehicles, and came to walked to enter the two-lanes at the Round parking lot of the “Yanwon,” which is located in the 163-ro, Sinsan-si. Since the passage of vehicles is frequent, a person engaging in driving service was in such a situation where the traffic of the vehicle is frequent. As such, the person who is engaged in driving service was in an emergency hospital at the time of death of the victim D (54 years old) who proceeds from two-lanes from the village and the village, due to the negligence that he neglected his duty of care in driving, while he neglected his duty of care in driving, caused the victim’s c 125 obb, which is driving on the back of the Defendant’s cargo loaded on the road, and caused the death of the Defendant’s vehicle at the time of an emergency hospital at the time of Gangu on September 10, 2014.

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. On-site photographs;

1. Application of Acts and subordinate statutes of death certificate (D);

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents in April-10) (Special Mitigation) [including efforts to recover from traffic accidents] Punishment and Non-Punishment (including serious efforts to recover from damage] [Pronouncement decision], and as such, the defendant's liability for committing a crime is not minor since the result of the victim's death due to the defendant's negligence in driving.

However, considering the fact that the defendant's mistake and reflects the defendant's mistake, that the bereaved family members agreed with the bereaved family members, and the bereaved family members do not want the defendant's punishment, that the driver's vehicle was covered by the comprehensive motor vehicle insurance, that there was no criminal record related to traffic accident, and that there was no other various sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances

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