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(영문) 대구지방법원 안동지원 2015.11.17 2015고단430
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of C. A. B. C. C. Gabbbs.

On March 19, 2013, the Defendant driven the above cargo vehicle at a speed of about 36 km from the side of the community credit cooperatives to the successor agricultural chemicals at a speed of about 36 km.

At the time, the Defendant was suffering from the quality of light, so it is prohibited from wearing or driving a medicine that restrains light oil, and since people frequent passage and the width of the road passes through a narrow intersection, there was a duty of care to look at the speed and the right and the right and the right of the driver of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, when the defendant neglected to do so and proceeded as it is, the defendant was pushed the victim D(74 years old) who walked in the front direction of the defendant's running.

Ultimately, the Defendant caused the death of the victim due to the suspension of cardiopulmonary treatment, etc. at the Fvalescent Hospital located in Bupyeong-si, Seocheon-si, Busan, on December 7, 2014, while receiving medical treatment, such as surgery, for about one year and seven months from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report, on-site map of a traffic accident, each traffic accident report, and a death diagnosis report;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended in consideration of the fact that the reason for sentencing under Article 62-2 of the Probation Criminal Act resulted in a serious result of death due to a traffic accident, but the victim's bereaved family members agreed to and made mistake in depth with the victim's bereaved family members, covered by a comprehensive insurance, and the defendant's branch of a disease

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