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(영문) 대구지방법원 경주지원 2016.05.26 2016고단9
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 who is engaged in driving of B Poter Cargo Vehicles.

On October 18, 2015, at around 09:51, 09:51, the road of 1 Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do from both south to North North Korea Do 76 km.

At this point, it is a bend road with a speed of 60 km, so there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle by complying with the speed limit, properly seeing the right and the right and the right, and the right and the right and the right of the motor vehicle, and accurately manipulating the steering and the brake system.

Nevertheless, the defendant neglected this and found the victim E (88) who was crossing the road from the right side to the left side by his negligence, and did not avoid it, and received the victim as the front part of the Defendant's driving freight.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the death of the victim due to the defrising us at the left end in around 10:20 on the same day and the pressure of chest pressure.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on actual condition, 13 on-site photographs, 13 copies of death cards, 8 copies of body photographs, notification of the results of the analysis of a traffic accident, comprehensive analysis of a traffic accident, and application of CD 1 statutes;

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. Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution, such as the following extenuating circumstances: (a) the fact that the bereaved family members are seriously dead and the bereaved family members do not want the punishment for the defendant; (b) the vehicle driving of the defendant is covered by a comprehensive motor vehicle insurance contract; (c) the defendant is in depth of his mistake; (d) the defendant has no special record of committing any crime; and (e) the

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