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(영문) 대구지방법원 포항지원 2016.07.20 2016고단535
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 who is engaged in driving a motor vehicle with sod motor vehicle B.

On June 29, 2015, the Defendant operated a two-lane road in front of D in South-gu, Nam-gu, Seoul at the port of port on June 13:00 along one-lane from the side of the Gu's elementary school to the Ocheon High School.

It is an intersection where signal lights are installed and the passage of ordinary vehicles and pedestrians is frequent. In such a case, the driver of the vehicle has a duty of care to safely operate the steering system by accurately operating the steering system and operating the steering system.

Nevertheless, the defendant neglected this and proceeded along as it is, around that time, conflict with the other part of the bicycle left side of the victim E(64) crossing the bicycle from the right side of the defendant vehicle to the left side of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the closure of a traffic accident in the G Hospital emergency room located in Daegu-gu, Daegu-gu, on July 3, 2015, at around 16:56 of the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on traffic accidents and a survey report on actual condition;

1. Each photograph;

1. A death diagnosis report, death diagnosis report, autopsy appraisal report, or request for cooperation in investigation;

1. Application of the Acts and subordinate statutes concerning the investigation report (CCTV image verification);

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (two months to one year) (the special mitigated person] of the two types of traffic accidents (the victim of two months to one year) (the victim of two months). In full view of the following circumstances and other factors, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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