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(영문) 대구지방법원 안동지원 2016.02.02 2015고단736
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a cab.

On August 9, 2015, the Defendant, at the cost of permanent residence at around 15:15, sent two-lanes in the direction of the certified tax accountant distance from the private distance on the roads of the 119 Safety Center in front of the 119 Safety Center, the permanent fire station located in the area of 181.

In such cases, a person engaged in driving motor vehicles has a duty of care to prevent accidents by accurately manipulating the front, rear and rear left and rear sides of the direction in which a U.S. can make a U.S., and to prevent accidents.

Nevertheless, the Defendant neglected this and received the front part of the victim E (36 years old) that was going beyond the central line in order to overtake the Defendant’s vehicle by negligence in an area where U-turn is not allowed, and then the front part of the victim E (36 years old) was behind the Defendant’s left side.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site drug map, actual condition survey report, each photograph, death diagnosis report, and autopsy report;

1. Application of each statute on photographs;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The responsibility of the community service order as a result of the serious result of death due to the reason of sentencing under Article 62-2 of the Criminal Act is not somewhat weak.

However, the victim's violation of traffic laws and regulations was also the cause of the accident, the defendant made efforts to compensate for damage, such as reflecting the error in depth, and deposit 10 million won to his bereaved family, and a significant amount of compensation for damage was paid as insurance money.

(1) The execution of a sentence shall be suspended in consideration of the circumstances.

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