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(영문) 대구지방법원 포항지원 2014.12.12 2014고단1207
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 who is engaged in driving a car in B.

On August 10, 2014, the Defendant driven the above vehicle at around 15:20 on August 15, 2014, and proceeded one-lane road of the 68 Do-do Do-Do Do-do Do-Do Do-ri, Hannam-do, Hannam-do at the port of port in the direction of soil erosion from the cooling and irrigation room.

Since there is a bend road where the center line of yellow-ray is installed, the driver of the vehicle has a duty of care to accurately operate the steering gear and brake system of the vehicle and to safely drive the vehicle in compliance with the rules of the vehicle.

Nevertheless, the Defendant neglected this and led the victim C(75 years of age) to fall into the front part of the Defendant’s vehicle, and caused the victim to fall into the chill of the road along with the chilling machine.

결국 피고인은 위와 같은 업무상의 과실로 피해자로 하여금 같은 날 22:29경 포항성모병원에서 수술 중 간파열 및 장간막혈관파열로 인한 저혈량성 쇽으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. A death certificate;

1. Application of traffic accident reports, actual condition investigation reports, accident photographs-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order to Provide community service and attend lectures [the scope of recommendations] the area of mitigation (4 to 10 months) (including special mitigations] [the decision of sentence] the area of mitigation (including serious efforts to recover from damage], and the defendant's decision of sentence] the bereaved family does not want the defendant's punishment by mutual consent with the bereaved family members, and the defendant is the primary offender.

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