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(영문) 대구지방법원 2014.04.17 2014고단951
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving a cargo vehicle B 2.5 tons or more.

On February 4, 2014, the Defendant driven the above cargo vehicles around 06:18, and led to the flow from the border to the Cheongdo along the two-lanes of the two-lane roads near the intersection of the Eup/Myeon, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

At that time, the two-lane narrow roads are narrow, and since the street lights are left up at the time, the driver has a duty of care to ensure the safety of the course by checking well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, due to the negligence of neglecting this, the victim C (the South, 75 years old) driving ahead of it in the same direction, obtained the back part of the left side of the vehicle of the defendant's cargo to the right side of the cargo of the defendant, and made the victim D (the son, 74 years old) who was on board the above victim and the victim D (the son, 74 years old) who was on the ground side of the cargo of the defendant.

After all, the Defendant caused the victim C's death by the occupational negligence above, and the victim D (V, 74 years of age) who was on the part of the damaged horse due to the reduction of the amount of external blood, due to the damage of the open body, etc., due to the suspension of cardiopulmonary function due to the second string damage.

Summary of Evidence

1. Defendant's legal statement;

1. Two reports on the occurrence of a traffic accident or two reports on the occurrence of a traffic accident;

1. A report on the occurrence of a traffic death accident and a report on the occurrence of a traffic death accident (two reports);

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to a death certificate or written autopsy report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Although there was a serious result of the death of two victims of the instant accident due to the reason for sentencing under Article 62(1) of the Criminal Act, the Defendant erred.

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