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(영문) 대구지방법원 2015.09.24 2015고단3766
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 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 driving of Poter Cargo Vehicles B.

On April 2, 2015, the Defendant driven the above vehicle at around 18:20, and proceeded in the direction of the border post office in the direction of the private road, depending on the two lanes in front of the 107 Gyeyang Jambun apartment, the middle of the 107 Mambun apartment.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, due to the negligence of neglecting this, the Defendant was found to have neglected the body of the victim C (the 70-year old age) who illegally crossed from the direction of the solar apartment in the direction of the Gyeyang-gu apartment.

As a result, the Defendant caused the victim to die due to the above occupational negligence on April 2, 2015, around 19:10, at the E Hospital located in Busan Metropolitan City (hereinafter “E Hospital”).

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. A death certificate;

1. Application of the Acts and subordinate statutes concerning a black stuff image photograph and a course photograph;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] where there is a considerable negligence on the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two to ten months) (special mitigation) [including efforts to recover damage] under Article 62(1) of the Criminal Act on the grounds of the occurrence of traffic accidents or the expansion of damage, the defendant's decision not to punish (including the decision of a sentence] / although the defendant caused the serious result of the victim's death of the victim of the instant accident, the victim's unauthorized crossing without permission was the cause of the instant accident; the victim's bereaved family members and the first offender was the first offender; the defendant's age, character and behavior, intelligence and environment; the motive, means and consequence of the crime;

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