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(영문) 대구지방법원 2015.08.27 2015고단3061
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a sealed truck B.

On May 17, 2015, the defendant driving the above cargo vehicle around 19:49, and led the front road C to turn to the left at the 919 local road from the Busanriri Public Health Center.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so the person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

Nevertheless, the defendant neglected this and found the victim D (e.g., 73 years old) who was fright at the right edge of the cargo vehicle in the front direction of the defendant's cargo vehicle due to the negligence on the left left at the center, and was fright at the latest, and was frightly operated, but did not avoid it, and did not go beyond the victim's front part of the cargo vehicle.

Ultimately, at around 23:40 on the same day, the Defendant caused the victim's death due to the above occupational negligence, such as the ambane satise in the Daegu-ro 99 Daegu-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. On-site photographs;

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

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(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents Type II (Special Mitigation in April to October) (Special Mitigation in the mitigated area (including efforts to recover damage), punishment not (including special mitigation in order to make a sentence] [decision of sentence] Defendant’s death due to Defendant’s negligence in driving, and thus Defendant’s liability is not minor.

However, the fact that the defendant repents and reflects the wrong, and the victim is the middle of the road.

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