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(영문) 대구지방법원 안동지원 2015.07.14 2015고단175
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, 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 a car in a SP area B.

Around 10:45 on March 3, 2015, the Defendant was driving the said car and step ahead of the home fluor in the south-dong and south-dong at an insular speed from the center of art to the sub-section of the art center, and the Defendant did not find out a bicycle driven by the victim C (89 years of age) (the victim) who had changed the course to the northwest of the Yari, while driving the said car to the sub-section of the art center without properly examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

As a result, the Defendant caused the death of the victim due to the above occupational negligence in a patient room in the same day at the Madong-dong Hospital Hospital at around 23:35.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning postmortem records;

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 (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. Sentencing (Scope of Recommendation) General traffic accident: Type II (Death resulting from Traffic Accidents) (including efforts to recover damage), the special mitigation area (2 to October) (2nd) of the Special Mitigation Area (2nd of the death of a traffic accident) where there is substantial negligence on the occurrence of a traffic accident or the expansion of damage to victims;

3. The Defendant’s negligence in driving the sentence led to the death of the victim.

However, the defendant agreed with the bereaved family of the victim immediately before the sentence, and the comprehensive motor vehicle insurance has been purchased.

In addition, the defendant is punished for the same crime.

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