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(영문) 대구지방법원 2015.07.02 2015고단1886
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 BM7 vehicles.

On April 7, 2015, the Defendant driven the above vehicle on April 11:45, 2015, and continued to drive the vehicle on the front way of the 2nd time of the Jung-gu Daegu-gu Large Name 1.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and went on to 2 east the right side of the victim C (n, 87 years old) who walked from the front side of the road to the front side of the road. Nevertheless, the Defendant taken the body of the victim C (n, 87 years old) who walked to the front wheels of the vehicle.

Accordingly, the Defendant caused the victim to die by occupational negligence on April 7, 2015, and around 13:58 on April 7, 2015, at the Daegu-gu Two-Class Park, Daegu-gu, 17-33, a Daegu-Tol University Hospital to die due to cerebral cerebral cerebral tyrosis.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report 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 Type II (Special Mitigation in April to October) (Special Mitigation in the mitigated area (including efforts to recover damage), punishment not (including special mitigation in order to make a sentence] [decision of sentence] Defendant’s death due to Defendant’s negligence in driving, and thus Defendant’s liability is not minor.

However, the fact that the defendant repents and reflects the wrong, that the defendant has agreed with the bereaved family members, that the defendant has no criminal record of suspended execution or more, and that the driver has been covered by the comprehensive automobile insurance.

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