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(영문) 대구지방법원 2014.12.23 2014고단5067
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a 4.5 tons truck.

On September 13:49, 2014, the Defendant driven the above vehicle and proceeded at a speed of about 75 km from the Daegu bank to the dwarde of the parallel line of about 147.9km at the Dolcheon-gu, Gyeongcheon-do, Gyeongbuk-do.

At this point, a bend road was a straight line road, and in this case, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the front line and the front line and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and found the D-wing and cargo vehicle driven by the victim C (year 71) who was parked in the four-lane 4 lane due to the negligence of driving the vehicle while neglecting it, and received the front side of the damaged vehicle as the front side.

Ultimately, the Defendant caused the death of the victim C at the Gyeongbuk University Hospital located in Jung-gu, Daegu, Daegu, on the same day due to occupational negligence, around 14:37.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes of the report on the occurrence of traffic accidents and the actual survey report;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant's liability is not less than the defendant's liability for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that one person dies due to the defendant's negligence in driving for the reason of sentencing, the defendant's mistake is divided and reflected, the defendant's bereaved family members and the victim's bereaved family members agree with it, the driver's vehicle is affiliated with the freight truck mutual aid association, and all other sentencing conditions such as the defendant's age, character and behavior, environment, accident circumstance, and circumstances after the crime are taken into account.

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