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(영문) 대구지방법원 서부지원 2016.08.12 2016고단806

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:00 on December 25, 2015, the Defendant: (a) driven a DNA driver’s vehicle at around 15:00, and went back to about 5 km per hour at the front parking lot of 8 Jeju-gu, Seo-gu, Daegu-ro 42, the Defendant had a duty of care to prevent accidents in advance by accurately operating the steering and brakes, and operating the steering and brakes accurately; (b) did not discover the victim E (80 years old), where the Defendant was negligent in neglecting the duty of care to prevent accidents; and (c) caused the victim to go beyond the floor on the back part of the Defendant’s back-hand vehicle, thereby causing the victim’s death to the 13:00 on January 13, 2016, the Nam-gu 2nd City Park 17-ro, Daegu-gu, Daegu-gu, and 33 Kabroo Hospital’s pulon infection.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the stay of execution (such as the fact that the victim has agreed with his/her bereaved family members, the fact that he/she has subscribed to a comprehensive motor vehicle insurance, the fact that he/she has no previous conviction heavier than the