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(영문) 대구지방법원 상주지원 2014.10.14 2014고단419
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 freight B.

At around 17:00 on July 18, 2014, the Defendant driven the foregoing cargo vehicle and proceeded to turn to the left from the Cheongri-ri-ri-ri-ri-si to the Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

At all times, since there was a long distance crossing without signal, there was a duty of care to prevent accidents in advance by keeping the front door and the left and safely left to the person engaged in driving of the motor vehicle.

Nevertheless, the defendant neglected this and found the victim C(73 years old) driver's dives of the victim C(73 years old) who was going to the right from the left-hand side of the right-hand side of the right-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on

In the end, the Defendant caused the death of the victim due to the suspension of brain function at the Red Cross Hospital located in 53 in the upper letter at the time of stay at around 02:20 the following day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions concerning criminal facts, 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] General traffic accident Type 2 (Traffic Accident Death, etc.) (Special Mitigation) [including efforts to recover from damage] mitigation area (including a person subject to special mitigation] [decision of sentence], the defendant has no record of criminal punishment, the defendant agreed smoothly with the victim's bereaved family members, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc.

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