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(영문) 대구지방법원 경주지원 2015.11.26 2015고단746
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 the business of driving C11.5 tons of car trucks.

On July 7, 2015, the Defendant driven the above truck at around 00:01, and took the front three distance of the national highways E in front of the national highways No. 47 at the time of racing to the right turn to the left at the entrance direction of the site of an expressway, and moved back to the national highways No. 7 in order to go to Ulsan direction.

At the time, at night, and at the rapid speed of other vehicles, the said national highway was being driven by the said national highway. In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle in such a way that he/she accurately operates steering gear, brakes, and other devices, and may not drive the motor vehicle in such a way as to cause any danger and injury to others, depending on the traffic situation of the

Nevertheless, the defendant neglected this and entered the national highway 7, and caused the collision of the front part of the G K7 car driven by the victim FF(34 years old) in the direction of the racing with the part on the right-hand side of the above truck, which entered the national highway 7.

Ultimately, at around 01:48 on July 8, 2015, the Defendant caused the death of the victim from her acute scam in the East National University race Hospital, as the Defendant was negligent in the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident (2 reports) and a report on actual condition investigation;

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 grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] of the suspended sentence under Article 62(1) of the Criminal Act where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim of the type 2 of the general traffic accident (the occurrence of traffic accidents), the special mitigation area (the special mitigation area) (the occurrence of traffic accidents) (the special mitigation area), the victim is also the victim of the case.

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