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(영문) 대구지방법원 포항지원 2016.07.13 2016고단486
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 freight B.

On April 11, 2016, the Defendant driven the above cargo vehicle around 05:10, and passed the D Mart in front of the D Mart located in the south-gu of the port of port at the port of port along one-lanes from the west of the Gu-U.S. Simpo Island to the west of the Simpo Island.

At the time, the driver was at the speed of getting off and getting off, and the signal, etc. of yellow on and off-off is installed at the intersection, so there was a duty of care to prevent accidents in advance by driving safely by driving on the road, such as seeing the right and the right and the right of the person engaged in driving, and considering whether there are other vehicles entering the intersection.

Nevertheless, the Defendant neglected to do so and entered the intersection without looking at it well, and received the part on the right side of the bicycle driven by the victim E, who was going to the scambal scam in the direction of the scambal scam in the direction of the scambal scam.

Ultimately, the Defendant caused the victim to die due to cerebrovassis during the course of performing medical treatment at a hospital specified in the main text of the Posting Port on the same day by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. Photographs photographs at the scene of an accident;

1. Application of Acts and subordinate statutes of a 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. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of the recommended sentence] The general traffic accident category 2 (Death by Traffic Accidents) in the area of special mitigation (two months to one year) (special mitigation) [the victim] is negligent due to the occurrence of traffic accidents or the expansion of damage, the court below's decision not to punish the victim (the decision not to punish the victim) and other circumstances below the defendant's age.

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