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(영문) 대구지방법원 영덕지원 2015.11.04 2015고단184
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of Churd vehicle.

On July 5, 2015, the Defendant driven the said car on July 15, 2015, and led to the driving of the said car at approximately 30 km from the direction of the Young-gu, Young-gu, Young-gu, Young-gu.

At the same time, the victim D(the age of 77) was followed by E 49cc Oral Ba, which is driven by the victim D(the age of 77) in the same direction, and thus, the driver had a duty of care to secure and proceed with the safety distance that can be avoided when the person engaged in driving service is well able to live in the same situation, and when the course of the

Nevertheless, the defendant neglected this and got to turn to the left due to the negligence of driving the motor vehicle in the vicinity of the right part of the motor vehicle by the victim driving the motor vehicle on the left part of the motor vehicle.

Ultimately, at around 23:43 on the 18th day of the same month, the Defendant caused the death of the victim due to the above occupational negligence in the East National University race Hospital located in 87 at Dong-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning F, and family relation certificate;

1. A medical certificate and a death certificate;

1. The application of Acts and subordinate statutes to a traffic accident report, on-site map, on-site survey report, on-site survey report, eight copies of on-site photographs, each red inquiry, and a report on the occurrence of a traffic accident (Attachment 2);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see the following part of the grounds for sentencing)

1. Determination of the range of punishment for recommended crimes: Sentencing for traffic crimes - General traffic accidents - 01 general traffic accidents - Special and increased factors - No mitigated factors: Reduction factors: 4 months of imprisonment without prison labor - 10 months (reduction areas);

2. Aggravationd factors of general persons: Serious half of factors to be mitigated; and

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