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(영문) 대구지방법원 2015.01.22 2014고단5700
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 of Poter Cargo Vehicles B.

On September 16, 2014, the Defendant driven the above cargo vehicles around 07:10 on September 16, 2014, and led to the left turn to the right from the jurisdiction of the Cheongdo Office of Cheongdo-gun, Seoyang-do, Seoyang-do, Seoyang-do.

On the left side of this, the victim C (the age of 76) was tightly and protruding the baby, so the person engaged in driving service has a duty of care to prevent the accident by safely driving by checking the front side and the left side.

Nevertheless, the defendant found the above victim due to negligence of driving a full-time, but it did not reach the above victim, and went beyond the ground floor by receiving the victim from the front right part of the defendant's vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, around 10:55 on September 22, 2014, at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu, Nam-gu, Daegu, to death with the multi-long-term function department during hospital treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the occurrence report on traffic accidents and the report on traffic accidents (1), Acts and subordinate statutes;

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 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) [including efforts to recover from traffic accidents] Punishment and Non-Punishment (including serious efforts to recover damage] [Pronouncement decision], and as such, the defendant's liability to commit the crime is not exceptionally applied inasmuch as the result of the victim's death was caused by the defendant's negligence in driving.

However, the fact that the defendant repents and reflects the wrong, that the bereaved family members and the bereaved family members have agreed smoothly, that the driver's vehicle was covered by a comprehensive insurance, that the defendant has no power to be subject to criminal punishment, and that there is any other reason.

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