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(영문) 대구지방법원 2016.03.24 2015고단6380
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 became final and conclusive.

Reasons

Punishment of the crime

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

On December 12, 2015, the Defendant driven the above car at around 05:50 on December 05, 2015, and driven the road of four-lanes in front of Daegu Suwon-gu D along the three-lanes from the middle four-lane distance to the middle parallel.

At the time, there are nights, and there are crosswalks at front, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a right to drive the motor vehicle by reducing the speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected to do so and found the victim E (76 tax) unclaimed to the left-hand side of the defendant's moving-out of the pedestrian signal signal sign from the defendant's moving-out direction to the left-hand side of the defendant's moving-out. However, the defendant did not avoid it, but did not go beyond the road by receiving the victim from the front part of the above vehicle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence due to cerebral injury at the Gyeong-gu, Daegu District University Hospital located in 130, 130, in the middle-gu, Daegu District, where the transfer fee was paid from September 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a comprehensive traffic accident analysis report;

1. A report on internal investigation (the case of checking the stude images of strings, telephone conversationss, and strings of taxi vehicles driven by witnesses);

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of special mitigation (the period between February and October) (the special mitigation person] where there is a substantial fault in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (including efforts that have been advanced for recovery from damage);

2. Determination of sentence:

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