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(영문) 대구지방법원 2015.01.22 2014고단5852
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 dump truck driving.

On April 4, 2014, the Defendant driven the above vehicle at around 16:20, and led to two lanes from the two-lanes of DS et al. in Daegu Dong-gu, the two-lanes in front of the DStetetic C, which are located in Daegu Dong-gu.

Since there is a place where a person frequently crosses without permission, the defendant engaged in driving service has a duty of care to safely operate the steering and steering of the steering and steering system by accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the Defendant’s vehicle, and the Victim E (Nam, seventy-seven years of age) who was moving on the right side from the Defendant’s next left side, received the Defendant’s front-hand part.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence on August 5, 2014 due to the suspension of cardiopulmonary function due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon in the G Hospital located in Daegu-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to autopsy records and death diagnosis reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] general traffic accident [the case where there is a considerable fault in the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two to ten months) [Special Mitigation] [the case where there is considerable fault in the occurrence of traffic accidents or the expansion of damage] [the decision of sentence]] the defendant caused the serious result that the victim is dead in the instant accident. However, the defendant is against the depth of the instant crime, the fact that the defendant is living against the victim's family members and the victim's family members, the vehicle covered by comprehensive insurance, and the defendant.

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