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(영문) 대구지방법원 의성지원 2016.02.18 2015고단241

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 3, 2015, around 17:55, the Defendant driven the same as a sexual scam, which is located in the supervision of the new scam of the Sung-gun, Sung-gun, Seongbuk-gun, and continued to proceed from the scam of the scam on the surface of the scam.

In this case, the driver had a duty of care to safely operate the steering gear by accurately operating the steering gear and steering the steering gear of the victim D(28) on the front side of the moving direction of the vehicle, as he had been driving on the front side.

Nevertheless, the Defendant was negligent in neglecting the duty at the time of the preceding week and received the loading part of the above agricultural machinery as the part of the crime in front of the said car.

In the end, the Defendant caused the victim’s death due to the above occupational negligence in an emergency hospital located in the Ansan-dong Hospital located in the 11th of the same day at around 12:10 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. The actual survey report and on-site photographs;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents) (In April to October), the mitigation area (person subject to special mitigation] [Determination of sentence] and one year of suspended sentence (one year of suspended sentence (one year of suspended sentence, including the fact that the defendant is the primary offender, the fact that the defendant is a motor vehicle comprehensive insurance, and that there is an agreement with the victim's bereaved family members)