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(영문) 대구지방법원 2015.11.05 2015고단2824
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 C LV vehicles.

On January 31, 2015, the Defendant, at around 06:40, proceeded in the direction of Busan at the direction of Seoul, along with the first-lane of 165 KK located in the south-do of the Busan Metropolitan City, Seog-do.

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 operating the steering system.

Nevertheless, due to the negligence of neglecting this, the Defendant received the front part of the victim D (age 61) driving vehicle in front of the said Liber vehicle, which was stopped over a two-lane due to the preceding accident.

As a result, the Defendant caused the victim to die by occupational negligence on February 3, 2015, at the old-si Hospital located in 12, old-si, Sinsi-si, 10:07, the Defendant caused the victim's death by multiple long-term corrosion.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report;

1. Application of statutes to a copy 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] General Traffic Accident Type II (Death resulting from Traffic Accidents) (Type 8 to 16) basic area (Article 8-1) (Article 62-2) (Article 62-2) (Article 62-2) of the Criminal Act (Article 62-2 of the Criminal Act)

However, the fact that the defendant is against himself, the occurrence and expansion of damage is caused by the negligence of the victim who caused the prior accident, the fact that the defendant deposited a sum of 15 million won for the bereaved family members of the victim, the fact that the defendant is covered by a comprehensive insurance, the first offender, and other motive, means and results of the crime of this case.

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