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(영문) 대구지방법원 서부지원 2015.12.15 2015고단1732
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person driving a C Truck.

On July 6, 2015, the Defendant driven the above truck and proceeded to turn to the left the right at the seat of the stone station located in the Gun to the front of the E-owned station in Daegu-gu, Daegu-gu, at the seat of the Pung High School.

In such cases, the driver of the vehicle shall not drive a person on board the vehicle's cargo, and the driver of the vehicle has a duty of care to prevent the accident in advance by maintaining the cargo when the cargo is not fixed, and by taking measures to prevent the cargo from being loaded during the operation.

Nevertheless, the Defendant neglected to load the cargo at a rapid speed while driving the victim F(F, 76 years of age) and one other, while leaving the left at a rapid speed, while leaving the right door on the right side of the loading, and the victim has diminished to the road.

Ultimately, the Defendant’s negligence on July 13, 2015, caused the death of the victim at the Yong-Namnam University Hospital located in Daegu Nam-gu, Daegu-gu, to the brain hovassis and the brain hovassis caused by cerebral cerebral typosis and cerebral hyssis.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of the death certificate;

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, and Article 268 of the Criminal Act.

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of punishment for the same crime, points agreed with the bereaved family members of the victim, details of boarding the victim, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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