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(영문) 대구지방법원 경주지원 2015.05.28 2015고단124
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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 a rocketing car.

On January 16, 2015, at around 17:55 on January 16, 2015, the Defendant continued the roads front of the D Bus C in the front direction of the Dong-dong.

At the same time, the driver has a duty of care to operate safely by accurately operating brakes, steering devices and other devices and driving them at night.

Nevertheless, the Defendant did not properly see the front side of the car of the rocketing E(52 years old) that was facing the right side of the moving direction to the front side of the car of the said rocketing E(52 years old) by negligence.

Ultimately, at around 11:00 on the following day, the Defendant caused the death of the victim due to multiple long-term war while receiving treatment from the Dong-si University Racing Hospital as the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident (one report) and a report on the occurrence of a traffic accident (two reports);

1. The actual condition survey report;

1. A death certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act [the scope of recommendation] is the case where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two to ten months) (special mitigation) [including efforts to recover damage] under Article 62(1) of the Criminal Act / [the decision of sentence] the defendant is the first offender, the defendant is the victim's bereaved family members and the victim's family members, the defendant's age, character and behavior, environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime are considered.

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