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(영문) 대구지방법원 2016.02.16 2015고단6024
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 freight cars in the spoke-spond-spond-spond-spond-spool.

On November 11, 2015, around 13:59, the Defendant parked the above cargo vehicle at the right side of the road in the front of the D, Daegu Northern-gu, Daegu Northern-gu, one-lane.

Since there is a child protection zone, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while paying attention to the safety of children.

Nevertheless, the Defendant neglected this and did not discover the victim E (7 years old) who was on the rear side of the above cargo vehicle that the Defendant driven and had the above victim go beyond the road due to the negligence of not discovering the victim E (7 years old) who was on the rear side of the above cargo vehicle and caused the above victim to go beyond the road, and the head part of the victim who was above the left rear wheels of the above cargo vehicle was over the victim's head.

As a result, the Defendant caused the death of the said victim due to the negligence in the above occupational field, such as the transfer of the cardiopulmonary function at the Life University Hospital, which was in the process of transmitting the said victim at around 15:00 on the same day, in the middle-gu, Daegu, where the said victim was under the treatment of transmission.

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. Results of the on-site survey and analysis of traffic accidents;

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

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 accident of this case caused by the defendant's negligence in the decision of sentence, the nature of the crime is not easy.

However, it is against the defendant.

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