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(영문) 대구지방법원 2014.09.04 2014고단2955
교통사고처리특례법위반
Text

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

except that 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 who is engaged in the operation of C Eth Motor Vehicles.

On March 29, 2014, the Defendant driven the said car on March 21, 2014, and proceeded along the two-lanes of the two-lane road in front of the Ocheon-si, the Ocheon-si, the Ocheon-si, the Sincheon-si, along the window of the new apartment.

At the time, since motor vehicles are night and are travelling along a U.S., they have a duty of care to safely drive the motor vehicle by reducing the speed of the motor vehicle driver and properly operating the steering and steering gear, by accurately manipulatinging the steering direction and operating it.

Nevertheless, the defendant neglected to do so, and the victim D (56 years old) who dried the way in the front bank due to negligence, conflicts with the front part of the above car.

Ultimately, the Defendant caused the victim to die due to the suspension of brain function at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu, Daegu, on April 5, 2014, around 09:21.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a 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, 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 2 (Death, etc. of Traffic Accidents) (Special Mitigation in April to October) [including efforts to recover from traffic accidents] the area of mitigation (Special Mitigation in April to October] (including serious efforts to mitigate damage], and the occurrence of an accident of the victim's death due to the negligence of the defendant, and the responsibility of the defendant for the crime is not easy.

However, the defendant is the first offender, and the mistake is divided and reflected, the defendant is the visually impaired who does not seem to have the right eye, and the victim was crossinged without permission at the time of the accident, the defendant was smoothly agreed with his/her bereaved family, and the age, character, character, environment of the defendant.

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