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(영문) 대구지방법원 경주지원 2016.10.12 2016고단373
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except 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 engaging in driving a rocketing taxi.

On February 23, 2016, at around 07:47, the Defendant, at the time of the racing, proceeded with the Domour road front of the Dmourur in the city bus terminal in the face of the competent pharmacy.

The location had a duty of care to accurately operate the brakes, steering devices, and other devices as a person engaged in driving service as a road without the classification of lanes and especially to drive safely with the view to the booming bank.

Nevertheless, the defendant's negligence that did not see the front side properly conflicts with the front part of the bicycle side of the victim E(57 years old) driving on the right side.

As a result, the defendant has a victim by occupational negligence in the same year.

3. On 25. 07:00, at Dong National University, University, Racing Hospital, the brain spawnosis died during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site, victim photographs, and death certificate;

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 [the scope of the sentencing guidelines] general traffic accidents in the category II (Death, etc. caused by traffic accidents) and no penalty shall be imposed for the mitigated area (one month to one year) of imprisonment;

2. The sentence of sentence causes the instant traffic accident by negligence that the defendant neglected his duty of care, and the resulting result in the death of the victim, etc., and the quality of such crime is not minor;

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against the defendant, the fact that the defendant has agreed smoothly with the victim's bereaved family members, the fact that the comprehensive insurance is subscribed, and all other sentencing factors in the records.

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