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(영문) 대구지방법원 경주지원 2016.04.14 2015고단1017
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a vehicle in C. C.

On October 21, 2015, the Defendant driven the above car at around 07:20, while driving it at around 07:20, the Defendant proceeded along the three-lane road in front of the valley bus stop at the time of the racing from the salary management side of Ulsan-gun, Ulsan-gun, Seoul-do, to the direction of racing.

At the time, the inside of the opening was narrow, and therefore, in such cases, a person engaged in driving duty has a duty of care to prevent accidents in advance by thoroughly taking the front-time time.

Nevertheless, the Defendant neglected to do so and proceeded without looking forward it, and tried to find out the warning wheel drive by the victim D prior to the same direction late and avoid it into one lane, but did not avoid it, and received the left side part of the loading wheel with the front part of the right side of the said car.

Ultimately, the Defendant caused the death of the said victim by the above occupational negligence at a university racing hospital located in Dong-si, University race hospital located in 87, if he was under the treatment of transmission after around 10:06 of 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 traffic accident report, traffic accident report (1), (2), on-site photograph, 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. The sentencing of Article 62(1) of the Act on the Suspension of Execution has resulted in a serious consequence of the victim’s death due to the instant traffic accident, and the bereaved family’s case seems to be very serious.

However, the defendant's mistake was divided into one's own truth, and the victim's bereaved family members were killed, and the defendant did not have any record of committing a crime, and the defendant was a pipe at the time of the accident in this case.

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