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(영문) 대전지방법원 서산지원 2016.06.02 2016고단116
교통사고처리특례법위반
Text

1. The punishment of a defendant shall be determined by a credit cooperative for six months;

2.Provided, That the above punishment shall be imposed 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 who is engaged in driving of the DaX90 Agricultural Track.

On September 30, 2015, the Defendant driven the Track Track on the 14:09 day, and laid the boxes of the Track-gu, Goak-gu, Jinnam-si, Jinnam-si, which had harvested the Track-gu, harvested in the front of the Track-gu, and moved the boxes to be moved to the truck in the atmosphere.

At the same time, there was a person who has harvested and left the scrap so far, and there was a situation in which the front door view can be restricted due to the winners of the Track-gu in the front of the Tracter, so in such a case, the driver of the vehicle has a duty of care to thoroughly check whether there is a person in the surrounding area, and to ensure that the driver of the vehicle has a duty of care to prevent accidents and safely drive the steering gear by accurately manipulating the steering gear and accurately.

Nevertheless, the Defendant neglected to take part in the process of the Defendant, resulting in the death of the victim E (the age of 71) who was holding the Go-gu in the front direction of the Defendant, due to the negligence of failing to do so, brought the victim E (the age of 71) under the lower part of the flag in front of the Tracter, and caused the victim to die due to traffic accidents at the Jin General Hospital, which is located in the degree of 5-15 of the above 15th day, around the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and related photographs;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions 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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] [the scope of recommendation] under Article 62(1) of the Criminal Act on the grounds of the suspended sentence [the grounds for sentencing] and Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing [the grounds for sentencing] and Article 62(2) of the Act on the Prevention of Traffic Accidents (the grounds for traffic accidents from April to October) [the grounds for special mitigation] [the grounds for special mitigation] are disadvantageous circumstances

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