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(영문) 대구지방법원 2015.10.08 2015고단4011
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 Korean-maid 27 tons freight vehicle owned by the Master Crafts Co., Ltd.

On August 14:58, 2015, the Defendant driven the above vehicle and got to proceed to the direction of Busan in the Daegu direction, depending on three-lanes of the 97.9km located in Geumcheon-gu Busan Metropolitan City, Geumcheon-si, Busan Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim D(31 years of age) who was on the left side of the 3.5 tons of the Mati 3.5 tons of cargo vehicles standing on the right side of the same direction.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence on August 9, 2015, and caused the death of the victim from severe cerebral cerebral cerebral Bribery at the Gyeong-gu, Daegu-ro 130 Gyeong-ro, Daegu-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report 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 in Type II (In April to October) (Special Mitigation) (including efforts to recover damage), the area of mitigation (including special mitigation), the area of punishment not (including serious efforts to recover damage), [decision of sentence] the defendant's negligence in driving, and thus, the defendant's liability is not minor.

However, the fact that the defendant repents and reflects the wrong, the fact that the bereaved family and the bereaved family have agreed smoothly, and the driver's vehicle are driving.

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