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(영문) 대구지방법원 의성지원 2016.02.18 2016고단3
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person driving a freight vehicle B.

On November 4, 2015, the Defendant driven the above vehicle at around 19:50 on November 4, 2015, and led to the progress of the road in the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do into the west-do Myeon, from the west-do Myeon.

At the time, there is a duty of care to prevent accidents due to night, and there is a citizen in the vicinity of the road, and to ensure that drivers are engaged in driving service with a duty of care to live well on the front side and the left side, and to accurately manipulate the steering direction and the brake system and to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, the Defendant received C (the age of 78) a victim C (the age of 78) who was unclaimed on the right side from the left side of the running direction of the said vehicle as the front part of the said vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Adong Hospital located in the Ansan-dong Hospital located in the 11st day of the same day due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a death diagnosis report of a victim);

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 [the scope of the recommended sentence] general traffic accident [the scope of the recommended sentence] in cases where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even to the victim (the victim of February to October) in the area of special mitigation (the victim of February to October) (the special mitigation order], one year of suspended sentence (the defendant's vehicle was covered by the comprehensive motor vehicle insurance) in April of the imprisonment without prison labor (the decision of sentence was made], and one year of suspended sentence (the defendant's vehicle was covered by the comprehensive motor vehicle insurance; the victim's bereaved family members and the victim's unauthorized victim's unauthorized crossing of the road in the occurrence of the accident

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