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(영문) 대구지방법원 경주지원 2016.09.28 2016고단218
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving of a c transport vehicle.

On January 22, 2016, the Defendant: (a) while driving ahead of the road in front of the road in front of the Dong University Hospital of the East-si, Sejong-si, on the direction of the road, along the two-lanes from the direction of the construction distance to the Stern Resident Center, the Defendant neglected to perform the duty of the front direction, and (b) caused the victim F, who crosses the road on the left side of the front direction, to die from the front right side of the road in front of the direction, and caused the victim to die from the brain side of the road in front of the road in the Dong University Hospital of the East-si, Sejong-si, Sejong-si, on April 23 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of each traffic accident, a survey report on actual condition, on-site photographs, and a death diagnosis report;

1. Investigation report (in cases ofG CCTV image data, the application of statutes);

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;

1. Application of the sentencing criteria [Scope of recommended sentences] traffic crimes in general, the basic area (referring to the death of a traffic accident in the course of eight months or one year or six months) (referring to a person who is subject to general mitigation] of the basic area after an accident, relief measures, deposit of a reasonable amount, and purchase of a comprehensive motor vehicle insurance policy after an accident;

2. The Defendant’s decision on sentencing caused a traffic accident by negligence that the Defendant neglected his/her duty of care in the front time, resulting in the death of the victim, etc.

The bereaved family members of the victim want to punish the defendant.

However, the defendant is led to confession and reflect, and the defendant deposited KRW 8 million with the victim's bereaved family as the truster, and the defendant appears to have been compensated for the victim's bereaved family by concluding a comprehensive insurance contract with the National Federation of Bus Transport Business Associations. The victim's negligence crossing without permission around the night seems to have caused some of the occurrence of the accident of this case, and the defendant is old and has good economic conditions.

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