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(영문) 대구지방법원 안동지원 2016.05.27 2016고단45
교통사고처리특례법위반
Text

1. The punishment of a defendant shall be determined by a credit cooperative for eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of one ton of cargo vehicles C in sealed franchising.

On October 14, 2015, the Defendant driven an above cargo vehicle at the speed of 18:30 on October 14, 2015, and continued to keep the Mari-ri distance in the direction of the east-do from the inside side of the east-do.

Since the location is an intersection where a yellow on-and-off signal is occupied and the crosswalks that do not support by traffic control are installed, in such a case, a person engaged in driving duty has a duty of care to safely drive the road, such as checking whether there is a person who operates the steering wheel and brakes accurately, operates the steering wheel and brakes while driving the west well, and damages the crosswalks.

Nevertheless, due to negligence that the Defendant neglected to do so, the victim D (85) crossing the crosswalk from the right side of the proceeding to the left side of the crosswalk was turned over to the front side of the cargo vehicle of the Defendant (85) and was reverse, and caused the victim's death at around 19:25 on October 14, 2015 due to the de facto suspension due to the diversification of diversified aggregate, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F and materials attached thereto;

1. A traffic accident-related statement of E;

1. Report on the occurrence of a traffic accident, report on actual condition investigation, inspection protocol, and report on the results of the investigation and analysis of a traffic accident;

1. Each investigation report (Attachment of monetary details, a written estimate attached, and original attachment for proving purchase of a comprehensive motor vehicle insurance policy), and the application of Acts and subordinate statutes on attached data;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances among the following grounds for sentencing)

1. Scope of the recommended sentence;

(a) Tangible traffic, general traffic accidents, and two types of traffic accidents;

B. Disapproval of punishment for special sentencing factors (a mitigated element)

(c)a mitigation area of the recommended territory;

D. The scope of the recommended punishment is from 4 months to 10 months without prison labor.

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