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(영문) 대구지방법원 포항지원 2016.03.03 2015고단1305
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On October 27, 2015, the Defendant driven CK5 taxi on October 27, 2015, and proceeded at a speed of about 78 km from the offside of the square to the offside of the square at the speed of about four lanes in front of the E Hospital located in D at the south-gu at the port of port.

At least 50 meters away from the crosswalks where signal lights are installed, and surrounding areas, the passage of pedestrians to commercial buildings and hospitals frequently, and the beam light of other vehicles passing at night, etc., which are not good in front. In such a case, the defendant has a duty of care to reduce speed and prevent accidents by properly examining the right and the right and the right of the road.

However, the Defendant neglected this and received the part of the victim F(65) bridge that was unauthorized to the right from the left side of the proceeding direction due to occupational negligence, which led to the victim F(65) in front of the taxi.

Defendant 2 caused the death of the victim on the 28th of the same month during the course of transmission to the E hospital located in Nam-gu, Nam-gu, South-gu, E as a result of the above occupational negligence and caused the death of the victim at around 04:50.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [the scope of recommendation] The ground for sentencing under Article 62 (1) of the Criminal Act / [the case where there is considerable fault in the occurrence of a traffic accident or the expansion of damage even to the victim of a special mitigation area (the imprisonment without prison labor for two months or ten months) / [the person with a special mitigation] / [the case where there is a considerable fault in the occurrence of a traffic accident or the expansion of damage, the court shall not punish the victim (including the case where a sentence is sentenced] : The victim died; the circumstance where the defendant is too favorable: the victim was at fault because the victim was subject to the accident of this case at the one-lane opposite to the unauthorized crossing of the fourth road without permission.

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