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(영문) 대구지방법원 2016.01.28 2015고단5669
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 a period of one year 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 Pops owned by the Defendant.

On October 19, 2015, the Defendant driven the above cargo vehicles around 15:30, and parked in the front parking lot of the Cheong-do, Cheong-do, Cheong-do, Cheong-do, Cheong-do, in the center of the Cheong-do, Cheong-do, Cheong-do, one of the roads in the direction of the entrance.

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 steering system.

Nevertheless, the Defendant neglected this and neglected to leave the speed system with the brakes, and neglected to follow the speed system, and received wheel chairs in front of the above cargo vehicle in the direction of the entrance within Maart as one of D.

As a result, the Defendant caused the death of the victim E (75) who was seated in the wheelchairs due to the above occupational negligence by the victim E (75) on October 20, 2015, in Daegu-gu, Nam-gu, Daegu-ro, 170, caused the death of the victim E (75) due to the multi-explic shocked shock at the university hospital located in Young-gu, Nam-gu, Seoul-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. CCTV images to be cut;

1. Application of Acts and subordinate statutes to a traffic accident report and a survey report on actual condition;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education [the scope of recommended punishment] [the grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Inspection, etc. of Traffic Accidents [the scope of recommended] types 2 (the type from April to October) of the mitigation area (including the special mitigation person] [the decision of sentence] the punishment non-exclusive (including the serious effort to recover damage] [the decision of sentence] the death of the victim due to the negligence in driving of

However, the defendant is dissatising and dissatising wrongs.

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