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(영문) 대구지방법원 2015.02.05 2014고단6781
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

The defendant is a person who is engaged in driving a Bran vehicle.

On October 26, 2014, the Defendant driven the above car on October 26, 2019, and proceeded with three lanes near the Down-gun C in the Gluribuk-gun, Gluribuk-gun, along the approximately three-lanes of roads near the Down-gun.

At the time of night, there was a duty of care to reduce speed and prevent accidents by checking the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant did not avoid the victim E (the age of 66) who was unclaimed on the right side from the left side of the above road due to the negligence of neglecting the Jeonju City, and received the front part of the said car.

As a result, the victim died due to the suspension of cardiopulmonary measures such as cage cage cage cage cages, etc. in the hospital affiliated with the 179 Si/Gu-U.S. University at 20:05 on the same day.

Ultimately, the Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement and the statement (two times);

1. A written result of autopsy;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of the Act and subordinate statutes for the Investigation Report (Confirmation of Track Images);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) [including efforts to recover from traffic accidents] Punishment and Non-Punishment (including serious efforts to recover damage] [Pronouncement decision], and as such, the defendant's liability to commit the crime is not exceptionally applied inasmuch as the result of the victim's death was caused by the defendant's negligence in driving.

However, this case where the defendant repents his wrong and reflects his wrongness, and the victim was crossing without permission.

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