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(영문) 대구지방법원 포항지원 2016.11.03 2016고단1061
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2016, at around 01:40, the Defendant driven a sports cargo vehicle at Bcoland, and driven the front side of the Eastern intersection, which is moving at the port of port at the port of port, toward the pool-tamp from the distance of moving.

At the time, the driver was at night and the front door of the night, and therefore, the driver had a duty of care to prevent accidents in advance by accurately operating and safely operating the steering gear and steering the steering system.

Nevertheless, the Defendant neglected this and caused the victim C (35) who walked on the road in the front bank by negligence.

Ultimately, the Defendant caused the death of the victim due to the injury of an external wound due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a School [Scope of Recommendation] where there is a considerable fault in the occurrence of a traffic accident or the expansion of damage even to the victim, the special mitigation area (one year from February to one year without prison labor) [Special Mitigation] [including efforts to recover damage] unfavorable to the victim: Circumstances favorable to the death of the victim: The victim was involved in an accident while the victim was driving a four-lane road without permission: the defendant was driving the road without any particular fault except for the case where the victim was driving the road normally in accordance with the vehicle driving signal and neglected his/her duty of care; the defendant paid an agreement to his/her bereaved family; the defendant agreed to pay the amount of agreement to the victim; and the defendant was subscribed to the comprehensive motor vehicle insurance, thereby making it possible to pay the damage.

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