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(영문) 대구지방법원 상주지원 2016.03.22 2016고단11
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 drives a C Eth Motor Vehicle.

On October 5, 2015, the Defendant driven the above vehicle at around 16:35, and operated the national highway No. 28, which was 705, from the Dogcheon-gun to the Dogcheon-gun.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle after parking the motor vehicle in a safe place, while driving the motor vehicle safely.

Nevertheless, the defendant neglected to do so due to driving of a stroke, and went away from the right side of the road to the right side of the course, and there was a conflict between the above retaining wall and the front side of the vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim D(78) who was on board the Defendant’s driving vehicle due to the foregoing occupational negligence, due to the two frameworks.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a traffic accident investigation report, and a criminal investigation report (Attachment to a photograph of a dead body of a person who has suffered a change);

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., that the bereaved family members of a victim do not want the punishment of the defendant by mutual consent with the bereaved family members of the victim, and that the defendant

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