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(영문) 대구지방법원 의성지원 2016.04.07 2016고단16
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

The Defendant is a person engaging in driving a rocketing car.

On December 12, 2015, the Defendant driven the above car on December 18:22, 2015, and led the roads in front of the Gyeong-gun, North Gyeong-gun, to a zero-cheon direction at the seat of his interest.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and did not discover the victim D (W, 77 years old) who was crossing the road to the right side from the left side of the running direction of the defendant at the time when he was in progress, and caused the victim to go beyond the road due to the failure of the victim D (W, 7 years old) who was driving by the defendant.

Ultimately, the Defendant caused the death of the victim by his occupational negligence, such as simultaneous diversified damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs of on-site photographs and black stuff images;

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

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. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [the scope of recommendation] [the grounds for sentencing under Article 62(1)(the scope of recommendation] of the Act on the Suspension of Execution where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage even in the area of special mitigation (two months to ten months), the victim died.

The defendant recognized his mistake and reflects his mistake.

- The victim’s bereaved family members agreed.

- The comprehensive motor vehicle insurance was subscribed.

- The Defendant is a primary offender.

. Other defendant.

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