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(영문) 대구지방법원 안동지원 2016.05.17 2016고단128
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a new-use car in C.

On December 30, 2015, the Defendant driven the above car at around 08:40 on December 30, 2015, and was in the direction of the KBS S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S, a 79 S S S S S S S S S S.

Since there is an intersection where signal, etc. is not installed, there was a duty of care to check whether a driver engaged in driving of a motor vehicle is a vehicle crossing, and to safely drive the motor vehicle by reducing the speed.

Nevertheless, the Defendant neglected to do so and negligently got the front wheel part of the Defendant’s front gate part of the passenger car, which was driven by the victim F (W, 64 years old) who was working in the direction of Tae Dong-dong B, Taedong-dong L, as it was in line, in the direction of the Ethm. D (W, 64 years old).

On December 31, 2015, Defendant 1 caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spece

1. Statement by the defendant in court;

1. Statement made by the police with H;

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

1. A death diagnosis report or postmortem report;

1. Application of each photograph, each of the Acts and subordinate statutes reporting on investigation;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under the main sentence of Article 62 (1) of the Criminal Act;

1. Scope of recommended punishment according to the sentencing guidelines [type of crime] : Deposit of an amount equivalent to the death or injury of a traffic accident (general mitigation element], subscription to the comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment (Scope of recommended punishment] from August to June of imprisonment without prison labor;

2. The severe result of the death of a victim by causing a traffic accident by negligence by a defendant sentenced to sentencing;

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