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(영문) 대구지방법원 포항지원 2016.07.21 2016고단503
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 March 30, 2016, the Defendant driven a 2-laned road in front of the 2nd village of the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on March 30, 2016, and proceeded from the trimal distance to the trimp road.

At the time, the road was at night, where the width is narrow and narrow and left, so there was a duty of care for the driver of the vehicle to take the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

However, the defendant neglected to do so and did not discover the victim C (78 tax) who was a road to the right side from the left side of the defendant's proceeding direction by his negligence and did not look back to the road by obtaining the victim's bridge from the fronter of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on April 1, 2016 at the Sung-dong 17 Port Gamba-dong, Nam-gu, Nam-gu, Mapo-dong, Mapo-dong, Mapo-dong, by the Defendant’s death.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 of the Order to Attend a lecture [the scope of recommendation] The area of mitigation (one year from April to one year without prison labor) (the person with special mitigation) [including efforts to recover damage] of the area of mitigation (the person with special mitigation] of punishment: The circumstances favorable to the death of the victim due to the instant traffic accident: the fact that the victim is in favor of the victim of the instant traffic accident: the defendant seems to have no gross negligence in his/her operation other than the violation of the duty to take the front time care; the victim's bereaved family members are paid a mutual agreement; the defendant's vehicle will be able to pay damages due to the purchase of the comprehensive motor vehicle insurance; and the defendant filed a report with 119 after the occurrence of the accident.

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