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(영문) 대구지방법원 2014.09.04 2014고단3012
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 of a C Poter cargo vehicle.

On May 6, 2014, the Defendant failed to discover the victim D (56 years of age) crossing the road through the crosswalk to the port from the right side of the Defendant’s cargo vehicle due to occupational negligence when the Defendant neglected his/her duty to turn to the left at the right side of the Jinjin-gu, Daegu-gu, 109-ro, by driving the above cargo vehicle at around 20:05, and driving the said vehicle at around 109, and neglecting his/her duty to turn to the left at the right side of the bank. On May 9, 2014, the Defendant caused the victim’s death, etc. at the Jung-gu, Daegu-gu, Daegu-gu, where he/she was under treatment after being transmitted to the right side of the vehicle in the direction of the Defendant’s trucking to the left side, and caused the victim to go beyond the floor.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

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 selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) [Special Mitigation] Punishment not (including serious efforts to recover from damage] (Article 62(1) of the Criminal Act] (Article 62(1) of the Criminal Act on the grounds that the death of the victim walking along the crosswalk caused by the negligence of the defendant, the criminal liability of the defendant is not minor;

However, the defendant is the first offender, the mistake is divided and reflected, and the defendant has agreed with the bereaved family members, and the bereaved family members do not want the punishment of the defendant, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by the order.

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