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(영문) 대구지방법원 2015.10.27 2015고단3769
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 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 a 1 ton cargo vehicle B.

On June 27, 2015, the Defendant driven the above cargo vehicle around 07:30 on June 27, 2015, and proceeded with a private road in front of the entrance of the village in the Heancheon-si, Seocheon-si, Seocheon-si, Chungcheongnam-do.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a manner that well sees the front side and the left side.

Nevertheless, the Defendant neglected this and tried to turn to the left at the e-mail of the victim C (Y, 74 years old) who started the intersection due to the negligence of proceeding the intersection without examining the left and left, and found the e-mail of the victim C (M, 74 years old) who did not have a license plate for the operation of the e-mail, and received the victim's e-mail in front of the above cargo.

Ultimately, on June 27, 2015, at around 13:33 on June 27, 2015, the Defendant caused the death of a victim, who was receiving medical treatment in an emergency room of the Daegu Toluene University, due to the diveropic injury, such as the diveropic and sub-ex

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition investigation, and field map;

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, the defendant is wrong.

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