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(영문) 대구지방법원 상주지원 2015.04.28 2015고단131
교통사고처리특례법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on November 23, 2014, the Defendant: (a) had been engaged in driving of B B B-bable cargo vehicles; (b) had been driving at the emergency room of the Sungdong Hospital, and had been negligent in performing the duty of care at the center of the yellow ray; and (c) had been negligent in performing the duty of care at the center of the yellow ray; and (d) had been inflicted on the victim D (the age of 49) driver’s car at the time of the said cargo vehicle’s failure to perform the duty of care at the center of the yellow ray; (b) had the victim F (the age of 91) on November 23, 2014, who was on board the back of the said cargo vehicle; and (c) had the victim F (the age of 66) on November 16:30, 2014, caused the injury of the said passenger G (the age of 66) on the front boarding of the said cargo vehicle, and incurred the injury of the said kel during the week.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to notify the results of the traffic accident investigation and analysis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents), the area of mitigation (4 to 10 months) (Special Mitigation Decision] (Pronouncement Decision] (Pronouncement Decision], the crime of this case is serious in the nature of the crime, since the occurrence of the accident by the defendant who intrudes on the central line, is considerably serious in the nature of the crime.

In addition, the consequences of the victims' death, injury, etc. are very heavy.

On the other hand, the bereaved family members and victims of the deceased victim F and D do not want the punishment of the defendant.

In addition, considering the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime, etc., the sentencing conditions as shown in the argument of this case shall be considered.

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