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(영문) 대구지방법원 포항지원 2016.08.24 2016고단791
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 two years 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 May 10, 2016, the Defendant driven the above car at around 00:05, and driven it at the speed of about 40 km per hour from the 1st century to the 119 Safety Center, the front side of the “Ocheon 119 Safety Center”, which is located on the 369 way in the south-gu, Yongcheon-gu, Ocheon-gu, Seoul at the port.

At the time, there are nights, there are no barriers between delivery and road blocking, so pedestrians could easily cross the road, so there was a duty of care to check whether a person engaged in driving a motor vehicle is a person driving the motor vehicle, and to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and found the victim C (here, 60 years old) crossing the road in order to go to India from the direction of the "10 Safety Center", which is due to the negligence of running the road as it is, immediately later, and received the victim from the front part of the said vehicle.

Ultimately, the Defendant caused the death of the above victim due to the occupational negligence as seen above, due to the diversification of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A traffic accident report;

1. Photographs of dead or dead persons and death certificates of body;

1. Application of Acts and subordinate statutes concerning the investigation report (related to the black stuffs and images submitted by a stude);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (two months to one year) of the two types of traffic accidents (the occurrence of traffic accidents) [the victim] (the special mitigated person] under the following circumstances and other circumstances below, and the defendant's age, sex behavior, environment, motive for the crime.

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