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(영문) 대구지방법원 포항지원 2016.07.07 2016고단382

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

On March 14, 2016, the Defendant driven CMW 120D around 23:20D on March 14, 2016, while driving the CMW 120D, the Defendant left the three-lane road in front of the Changpo post office located in the north-gu in the new west-gu, North Korea at the port along the three-lane distance from the Changpom.

At the same time, there was a crosswalk with signal lights at night, and there was a duty of care to prevent accidents in advance by driving a person engaged in driving service on the road because the victim D(41 tax) who was traveling on the three-lane side to avoid a taxi driving on the two-lane side while crossinging the red signal without permission.

However, the Defendant did not neglect his duty to cross the road from the right side of the Defendant’s proceeding to the left side, and did not discover the victim who was going back to the third-lane, and received the front part of the car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as double frames during which he/she was receiving medical treatment at a hospital specified in the Pohang Port No. 09:35 on March 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E (E);

1. A report on the actual condition of a traffic accident, and photographs on the scene of an accident;

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

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The ground for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] In the area of special mitigation (two months to ten months without prison labor) [the person with special mitigation] [the victim] also has a substantial fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage] [the decision of sentence] unfavorable circumstances: the victim is dead of the instant accident: the victim is the victim.