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(영문) 대구지방법원 2015.08.13 2015고단2147
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 one year 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 CNS CV car.

On March 18, 2015, the Defendant driven the above vehicle on March 19, 2015, while driving it on the direction of the Yong-Nam University, along the two-lanes in front of the sales store 23-lanes in the Gannam University, the two-lanes in front of the Gannam University.

At the same time, there was a reason to get off, so in such a case, a person engaged in driving a motor vehicle has the duty of care to safely operate the steering and steering gear by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and got the body of the victim D(the age of 61) who was standing at the edge of the road on the front side due to the negligence of proceeding.

In this respect, the Defendant caused the death of the F Hospital located in Daegu Dong-gu E on March 19, 2015, in a sacrife and a sacrife.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Field photographs, etc.;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

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 in Type II (Type IV to October) (Special Mitigation) (including a person subject to special mitigation), the area where mitigation of punishment is mitigated (including a serious effort to recover damage), and the decision of sentence [decision of sentence] the result of the death of a victim due to Defendant's negligence in driving, and thus, the defendant's liability for the crime is not easy.

However, the fact that the defendant repents and reflects the wrong, that it was difficult to secure the view due to the accident's night at the time of the accident, that the victim's negligence has contributed to some of the accident, that the defendant has agreed with the bereaved family members and the defendant.

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