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(영문) 대구지방법원 상주지원 2016.09.27 2016고단327
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. 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 who is engaged in driving service B NY120D.

On July 14, 2016, the Defendant had a road located in C in front of the gas station located in C at the time of stay at around 12:40, and had it run from the area of the soil station in the city to the area of the painting.

Since the location is a intersection where a yellow on-and-off signal is installed, the person engaged in driving service has a duty of care to accurately operate the steering direction and operation system in response to the road situation, and to safely check the situation of the electric direction and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and did not look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as pressure on brain side and the heart.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, accident scene photograph, and death diagnosis report;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) that there is a substantial negligence, such as drinking by the victim in the instant accident

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