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(영문) 대구지방법원 2016.01.21 2015고단5601
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 a period of 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 C Poter cargo vehicle.

On October 2, 2015, the Defendant driven the above cargo vehicle around 08:35, and led to the flow of the road of one lane in front of the oil station in Yongcheon-si, Chungcheongnamcheon-si, Chungcheongnam-do.

Since there is a center line of yellow solid lines, in such a case, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected this and operated the center line to overtake GCA110E, which is operated by the victim F (77 Do) who is driving in the front direction of the Defendant’s proceeding, and went back to the original lane, the part of the above victim’s knife left knife knife knife knife knife knife knife knife knife knife knife

Ultimately, the Defendant caused the death of the said victim by negligence in the course of performing such occupational duties, such as cerebral function transfer at the Daegu-gu University Hospital located in 170, Nam-gu, Daegu-gu, where the said victim was under the after-sale treatment on October 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. As a result of the serious result of the death of a victim due to the instant accident in which a sentence of sentence was rendered, the nature of the crime shall not be negligible;

However, the fact that the defendant is against the defendant, the fact that the defendant has reached an agreement with his/her bereaved family members, the fact that he/she is covered by a comprehensive insurance, and other age of the defendant.

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