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(영문) 대구지방법원 포항지원 2016.08.18 2016고단716
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant driven a so-called CAstmburon car around CAmburon on May 22, 2016, and driven a two-lane road in front of bus stops located in the 2nd east-gu, Seoul at the port of port along a one-lane distance from the right edge of hot spring.

At night, it was limited to the view of the bus from the opposite lane to the other, and there was a section where the road is narrowly narrow from the two-lane to the one-lane, so there was a duty of care to safely drive the vehicle and prevent accidents by safely driving the vehicle, such as checking whether there is a person who drives the vehicle, by reducing the speed and checking well the front door.

However, the defendant did not discover the victim D (W, 65 years old) who was unclaimed to the right side from the left side of the Roman course due to negligence, which led to the defendant's failure to do so, and had the victim go beyond the ground on the front part of the passenger car driving by the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the F Hospital located in Nam-gu, Nam-gu, Nam-gu, in the Republic of Korea, where the Defendant was under treatment for transmission after May 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures [the scope of recommendation] of the grounds for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing [the scope of punishment] of Article 62-2 of the General Traffic Accidents Act (the two months or one year without prison labor) / [the person with special mitigation] where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage].

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