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(영문) 대구지방법원 2016.02.16 2015고단6383
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 a period of 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 a truck truck truck truck vehicle with treatment C treatment 14 tons.

On September 18, 2015, the Defendant, at around 04:00, was running along the intersection of the three-lanes in front of the Gyeongbuk-gun, Gyeongbuk-do, the two-lanes from the additional side to the parallel name, making the two-lanes to the parallel.

At night, there is a duty of care to prevent accidents by looking at the front side and left-hand turn, and in such cases, the driver had a duty of care to prevent accidents by giving the front side and the left-hand turn to the left-hand turn.

Nevertheless, the Defendant neglected to do so and neglected his duty to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Ultimately, the Defendant caused the death of the above victim due to an occupational negligence, which was sent back to the H hospital located in Daegu Northern-gu G on September 18, 2015, due to the scarcity damage while returning the said victim to the H hospital located in Daegu North-gu G.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Application of Acts and subordinate statutes to death certificates;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. As a result of the serious result of the death of a victim due to the instant accident in which a sentence of sentence was rendered, the nature of the crime shall not be negligible;

However, the fact that the defendant is against the defendant, the fact that the victim's bereaved family members and the bereaved family members have agreed to reach a mutual aid association, the fact that the harming vehicle is insured by the mutual aid association, and other matters.

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