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(영문) 대구지방법원 2016.11.24 2016고단3883
교통사고처리특례법위반(치사)
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CMW Ora.

Around 10:57 April 17, 2016, the Defendant driven the off-to-face of the E-line in order to drive the off-line of the E-line in Cheongbuk-do, Cheongbuk-do, in a speed of about 40km from the e-line of the e-line to the e-line of the e-line.

At this point, traffic control is not carried out, and vehicles are parked on the right side of the road, so there was a duty of care to ensure safe operation by accurately operating the steering gear and brakes in order to confirm whether there is another vehicle entering the intersection to reduce speed and enter the intersection.

Nevertheless, the defendant neglected to do so and found that the above intersection was delayed from the 79 years old driving of the victim F.F. (the 79 years old) driving on the same bus stops from the side of the East valley market and did not avoid it. Thus, the defendant had the victim go beyond the ground by receiving the left part of the victim's Obaba in front of the defendant's Obaba, and let the victim go beyond the ground.

Ultimately, at around 05:50 on May 22, 2016, the Defendant caused the death of a victim by occupational negligence, resulting in the death of a cerebral cerebral cerebral cerebral cerebral cerebral typ in the H hospital

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

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, Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence [Scope of Recommendation] is the case where the victim was negligent in causing traffic accidents or expanding damage to the victim (special mitigation) in the area where mitigation of traffic accidents (four to one year) is mitigated (the special mitigation) (the decision of sentence] under Article 62(1) of the Criminal Act. However, the victim was also at considerable negligence on the occurrence of traffic accidents.

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