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(영문) 대구지방법원 2014.09.25 2014고단1688
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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 the DVastus fashion fashion.

At around 17:40 on November 19, 2013, the Defendant driven the above cargo vehicle, and proceeded with a third-party third-party third-party third-party third-party third-party third-party third-party jum in Yongcheon-si, Young-si, at the seat of the front-party jum in the face of both sides, with a speed of about 60 km.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely operating the steering and steering devices in a correct manner.

Nevertheless, the Defendant neglected to do so and did not discover the chiller driven by the victim E (the aged 75) who was driving ahead of the same direction as the Defendant due to negligence, and received the back part of the chiller as the front part of the above cargo vehicle driving by the Defendant.

Ultimately, at around 19:55 on the same day by occupational negligence, the Defendant caused the death of the said victim from multiple prolonged damage at the emergency room of the G Hospital located in Youngcheon-si F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A death certificate;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type II (Special Mitigation in April to October) [including efforts to recover from traffic accidents] Punishment and Non-Punishment (including serious efforts to recover from damage] / The instant accident occurred due to the negligence of the defendant, and the result of the victim's death, the defendant's liability for the crime is not minor.

However, the defendant is the first offender and is in profoundly against the mistake, and the driver's vehicle is being covered by the comprehensive motor vehicle insurance.

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