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(영문) 대구지방법원 경주지원 2016.07.21 2016고단171
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 Bone Star Co., Ltd.

On January 31, 2016, the Defendant driving the above vehicle on around 09:11, the Defendant continued to drive the vehicle on around 50 kilometers in the speed of 64 lanes of the 64-ro, Ansan-gu, Chungcheongnam-do, Chungcheongnam-do, Anndong-do, from the bank of the public center of Ansan-do, to the 50-km of the Si-si.

At this point, the road was the section where the road was found.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent any traffic accident by safely driving the motor vehicle by reducing speed in advance and driving it in good manner.

Nevertheless, the Defendant found the surface attached to the ice due to negligence while neglecting this, parked down rapidly, and moved the body to the right side while collisioned with C Lastren car parked on the right side of the road, and stopped on the right side of the road and stopped on the right side.

The Defendant caused the victim D (V, 76 years of age) who is the back seat of the Defendant due to such occupational negligence, to die in the heart of the Defendant during treatment at the Gandong-dong Gandong-ro 17, Nam-gu, Nam-gu, Chungcheongnam-gu, Gandong-dong, Gandong-dong-dong, 11:23 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs, and death certificate;

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 Criminal Act on the stay of execution (number of extenuating circumstances, such as the fact that the depth is divided, that the victim's bereaved family members and the defendant have agreed smoothly with the victim, and that the defendant has no record of committing any crime);

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