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(영문) 대구지방법원 의성지원 2015.04.09 2015고단20
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of one ton cargo vehicle B.

On December 3, 2014, at around 09:25, the Defendant proceeded with the gold ginseng distance in the Geum-gu, Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the west-do, Chungcheongnam-do.

At this point, a person engaged in driving through an intersection has a duty of care to drive safely in a safe manner by making a temporary stop or slowly prior to entering the intersection.

Nevertheless, in order to make a left-hand turn to the right-hand side of the victim C (year 71) who entered the intersection due to negligence of entering the intersection as it is, the defendant neglected to do so and received the full left-hand side of the above cargo vehicle from the left-hand side of the victim C (year 71) who entered the intersection.

Ultimately, at around 09:57 on December 3, 2014, the Defendant caused the death of the victim from the Cheongong Military Health and Medical Service Center located in the Cheongong-gun, Cheongong-gun, Chungcheongnam-gun, Cheongong-gun, by the occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report (a photograph attached);

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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] general traffic accidents in consideration of the circumstances such as the mitigation area (4 to 10 months) (special mitigation) (special mitigation) of mitigation area (the decision of sentence] of punishment, August of imprisonment without prison labor, the fact that the victim's bereaved family members and the victim's bereaved family members and the victim's bereaved family members for the two years of suspended sentence are agreed smoothly, shall be determined as per the order

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