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(영문) 대구지방법원 2015.09.17 2015고단2187
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 engaged in driving C5 tons of meta trucks.

On November 10, 2014, the Defendant driven the above truck on November 11, 201:20, and continued to run the direction of Cheongdo in the direction of the Central Hospital in the direction of the Busan Central Hospital, depending on three-lanes near the four-lanes near the Ycheon-Gongju apartment, which is located in the Gyeongsan-ro.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant was negligent in neglecting this and proceeding along the four-lanes, and the victim D (the 68-year-old) who changed the course to the three-lanes, and received the part on which the victim loaded the said truck.

As a result, the Defendant caused the victim to die due to the foregoing occupational negligence on November 13:27, 2014, at the time of the completion of the Daegu Jung-gu, Daegu-gu, the Defendant caused the death of the victim due to the low-weight shock shock from the 56 main movable property hospital due to the rash opening of the mouth.

Summary of Evidence

1. Defendant's legal statement;

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

1. A death certificate;

1. Application of the Acts and subordinate statutes to notify traffic accident analysis results;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] where there is a 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) [Special Mitigation)] [including efforts to recover damage] under Article 62(1) of the Criminal Act on the grounds of the occurrence of traffic accidents or the expansion of damage, the defendant's decision not to punish [including the decision of a sentence] ] the defendant caused the serious result of the victim's death, but the negligence during the change of the victim's vehicle line was also the cause of the instant accident, the victim's bereaved family members and the victim's smooth consent, and the

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