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(영문) 대구지방법원 2015.06.30 2015고단1597
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 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 the operation of a dump truck.

피고인은 2015. 3. 7. 13:35경 위 덤프트럭을 운전하여 경북 청도군 이서면 양원리에 있는 편도 4차로의 샛별교차로를 대구 방면에서 유등리 방면으로 2차로를 따라 진행하다가 좌회전을 하게 되었다.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals.

Nevertheless, the defendant neglected this and received the front portion of the left-hand side of the E-Poter Cargo Vehicle in the victim D(75 years old) driving on the opposite vehicle, which was driven by the defendant due to the negligence in violation of the signal.

Ultimately, around March 7, 2015, at around 15:20 on March 7, 2015, the Defendant caused the death of a victim who was receiving treatment in the hospital emergency room at Yong-Namnam University Hospital Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a field map of a traffic accident;

1. 각 수사보고(샛별교차로 신호체계에 대한, 블랙박스 영상 캡쳐화면 첨부보고) 법령의 적용

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents Type II (Special Mitigation in April to October) (Special Mitigation in the mitigated area (including efforts to recover damage), punishment not (including special mitigation in order to make a sentence] [decision of sentence] Defendant’s death due to Defendant’s negligence in driving, and thus Defendant’s liability is not minor.

However, it is true that the defendant repents and reflects the wrongness.

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