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(영문) 대구지방법원 안동지원 2016.04.15 2016고단33
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is engaged in driving of B PoterⅡs.

On December 21, 2015, the Defendant driven the above cargo vehicle around 18:33 on December 21, 2015, and proceeded at an influench speed in the direction of salarying in front of the road over the upstream of the Yeung-gun, the 1212 in the front of the Yeung-gun, the CF, the CF, in a parallel direction.

There are two sections, where the center line of yellow solid lines is installed, and therefore, the driver of the motor vehicle has a duty of care to live well in the front and to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the center line at the place of the Defendant’s occupational negligence and went into an opposite lane from the part of the Victim C (59) driving, which led to the opposite lane. The Defendant received the front part of the left part of the Defendant’s freight vehicle as the front part of the left part of the freight truck.

As a result, the Defendant caused the victim by negligence in the course of business to die with reverse low-blood shocks due to the cage at cages and cage fages.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, drug map at the scene of a traffic accident, a survey report on actual condition, a death certificate, or a postmortem inspection report;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Although there was a serious result of death due to traffic accident due to the reason of sentencing in Article 62-2 of the Criminal Code of the community service order, the execution of punishment shall be suspended and community service shall be ordered in consideration of the fact that the victim's bereaved family members agreed to agree with each other and their mistakes are in profoundly against each other, and

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