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(영문) 대구지방법원 안동지원 2016.05.03 2016고단134
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in a private taxi driver of the KS5 individual taxi.

On November 8, 2015, the Defendant driven the above vehicle at around 00:15, while driving the vehicle, and driving ahead of the G gas station located in the F at Ansan-dong in the direction of the law interest.

Since a crosswalk is installed, a person engaged in driving service has a duty of care to check and safely proceed as to whether there is a person who gets involved in driving service to reduce speed and to check the right and the right and the right.

Nevertheless, the Defendant neglected this and got the victim H (49) who walked the crosswalk normally from the right side of the course to the left side due to the occupational negligence, which led the victim H (49) to go beyond the road.

Accordingly, the Defendant caused the death of the victim due to the occupational negligence, such as the dynassis of bones dynassis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by the I;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The territory of recommendation and the scope of recommended sentences: Type 2, the scope of mitigation / the penalty for April to October 10, the serious reflectiveness, and the purchase of automobile comprehensive insurance;

2. Determination of sentence: The execution of sentence shall be suspended and community service shall be ordered, considering the fact that an agreement has been reached with the bereaved family members and the mistake has been seriously reflected in the victim's bereaved family members, and that it is an initial offender who has no record of crime, although a serious result of death has occurred due to a traffic accident in August or one year of suspended execution

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