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(영문) 대구지방법원 서부지원 2016.08.26 2016고단641
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2015, the Defendant driven a cargo vehicle B 1 ton at around 07:10, while driving a cargo vehicle at around 07:10, the front distance of the elementary village public health center located in Gohap-gun, Chocheon-gun, Chocheon-gun, at the front of the elementary village public health center located in Gohap-gun.

Since there is a place where traffic control is conducted by on-and-off light of yellow light, the driver of the motor vehicle has a duty of care to operate the motor vehicle safely by properly manipulating the front side and the right and the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected to do so and went through the erode village by the negligence of entering the intersection at a speed as it is, at the beginning of the erode, from the surface of the erode.g. the erode village.

C(48) Driving Do 48(S) received the part on the right side of the D Do wheel from the Defendant’s driver’s driver’s front part of the above cargo, and the said Do knick was restored to the port, and the said knick also turned to the port.

The Defendant caused the death of the victim E (the age of 77) who was on board the said son due to such occupational negligence by the Defendant, at a university movable property hospital of the 56 small-scale in Daegu-gu on the same day, due to the achievement of around 09:54 of the same day, the Defendant caused the death of the victim E (the age of 57) due to the pulmonary heart function due to the pulmonary scar, ple, and the scarcity, and the scarcity of low blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that damage has been repaid after purchasing a comprehensive motor vehicle insurance policy, the fact that the driver of the other motor vehicle has not been negligent in driving the other motor vehicle, and the fact that there is no previous conviction except for a fine imposed once due

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