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(영문) 대구지방법원 의성지원 2016.05.12 2016고단35
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 engaged in driving a motor vehicle B with detached motor vehicles.

On February 3, 2016, the Defendant driven the said car on February 18:20, and proceeded with the D 79 local highway in front of the D cafeteria C located in the Gyeongbuk-gun, Gyeongbuk-gun, at the speed of about 50km from the side of the 2nd mcam to the side of the side of the 2nd mcam.

It is a road that passes through a house and a village hall in the vicinity of a one-lane road. Therefore, the driver of the vehicle has a duty of care to reduce the speed of the driver of the vehicle, properly see the right and the right and the right of the driver of the vehicle, and accurately manipulate the steering system, brake system, etc. to prevent the accident from spreading.

Nevertheless, the defendant neglected this and led the victim E ( South, 76 years old) who walked opposite to the opposite direction of the car driving in the opposite direction of the car driving by negligence, to the front part of the car.

Ultimately, the Defendant caused the death of the victim due to the injury of external brain in Yong-Namnam University and in Youngcheon Hospital annexed to the University, which was located on February 3, 2016 at around 19:30, Youngcheon-si, 10,000, for occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A corpse inspection report and a corpse inspection report;

1. Application of Acts and subordinate statutes to photographs and field photographs by cutting a black boom;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act [the scope of recommendation], the crime of this case is not easy in that the crime of this case is committed on the grounds that the mitigation area (4 to 10 months) [the person subject to special mitigation] is not subject to punishment [the person subject to a sentence], 4 months of imprisonment without prison labor, 1 year of suspended execution, 1 year of suspended execution - the death of this case

The defendant recognized his mistake and reflects his mistake.

-victims;

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