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(영문) 대구지방법원 안동지원 2014.12.19 2014고단902
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

At around 10:58 on August 27, 2014, the Defendant, who is engaged in the driving of B B B’s vehicle, was driving the above vehicle, and was under the speed of less than 10km at the parking lot front of the dong pesticide company located in the Dobong-gu in the Dobong-gu Seoul Metropolitan City.

It is a place where the passage of vehicles and people is frequent near a place where five-day strings is opened.

In such cases, there was a duty of care to prevent accidents in advance by appointing a succeeding assistant to a person engaged in driving of a motor vehicle, checking the future well, and driving safely.

Nevertheless, the Defendant neglected his duty of follow-up care and did not discover the victim C (at 85 years of age) who walks on the right side from the left side of the Defendant’s vehicle due to the negligence behind the Defendant’s vehicle, and did not find the victim C (at 85 years of age), and went beyond the victim’s right side, and continued to know the fact even after the victim got out of the fact, followed the part of the victim’s arms to the right side of the Defendant’s vehicle.

Ultimately, at around 14:22 of the same day from the above occupational negligence, the Defendant caused the death of the victim due to the suspension of cardiopulmonary function due to the removal of cage at the right fage, blood ples, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the actual condition survey report, postmortem records, and field photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence) [the scope of recommendation] of the sentence under Article 62(1) of the Criminal Act (the grounds for the suspended sentence] of the general traffic accident category 2 (the scope of April to October) (the area of mitigation of traffic accidents), punishment not (including the case of special mitigation), and not (including the case of serious efforts to recover from damage) [the decision of sentence] of the defendant caused the death of the victim due to traffic accidents, which led to the result that the defendant

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