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(영문) 대구지방법원 2015.12.22 2015고단5604
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 18, 2015, the Defendant driven the above car at around 18:40, and led the three-lane road in front of the 40-lane to the distribution complex in Daegu North-gu, the distribution complex, along the two-lanes from the distribution complex to the mountain zone.

At the time, since it was at night, the driver has a duty of care to prevent accidents by accurately operating the steering gear and the steering gear while living well on the right and the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and found the victim C (57 years of age) who crosses the road to the right side from the left side of the running direction of the defendant, and operated it late, but did not avoid it, and the defendant received the above victim as a part front of the right side of the above vehicle operated by the defendant and got the victim to go beyond the road.

Ultimately, the Defendant caused the death of the said victim by negligence in the course of performing such occupational duties by blood transfusion, etc. at the Gyeong-gu, Daegu-gu, which was receiving a post-treatment treatment on October 10, 2015, at the Gyeong-gu, Daegu-ro 130.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

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 criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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 2 (Special Mitigation Area) (2) (2 to 10 months) (2) (Special Mitigation Area) where the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (including efforts to recover damage), and the victim shall be punished (including decision of sentence] by negligence on the part of the defendant's driving.

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