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(영문) 대구지방법원 2016.06.09 2016고단1513
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

On March 17, 2016, the Defendant, at around 23:50, proceeded to the Cheongdo-gun-gun-si, the front of the entrance of D Company C located in Cheongdo-gun, Cheongdo-do-si.

At the time, it is night and there is no street light at that time, so in such a case, the driver has a duty of care to prevent accidents by looking at the right and the right and the right and the right and the speed of the driver and reducing the speed of the accident.

Nevertheless, the Defendant neglected this and proceeded in the front of the road in front of the direction of the Defendant’s proceeding due to negligence, without closely examining the front of the road, found the victim E (M, 67 years of age) who was in front of the direction of the Defendant’s proceeding late, and did not avoid it, and the part of the victim’s leaving the front of the said vehicle was shocked by the front part of the said vehicle.

Ultimately, the Defendant caused the victim's death by negligence in the above occupational negligence at the Daegu Pacific Hospital located in 99, Daegu-gu, Daegu-gu, on March 18, 2016, due to the shock of the blood volume of traumad blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a copy of autopsy report and a copy of death diagnosis report;

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 of the suspended sentence [Scope of the recommended sentence] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) [In April 1 to 1] mitigated area (including special mitigated persons] [Article 62(1)] [Article 62(2) of the Criminal Act] [Article 62(1) of the Punishment Act] [Article 62(1) [Article 62(1) of the Punishment Act] [Article 62(1) [Article 62(1)] of the Punishment Act, the criminal liability is not easy in that the victim's death was caused due to the instant accident,

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