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(영문) 대구지방법원 의성지원 2016.01.21 2015고단212
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 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 truck B 4.5 tons or more.

On June 18, 2015, around 18:05, the Defendant proceeded with the national highways No. 28, 18, 18:05, 28, 18, 2015, 18, 28, 200, 300, 300,000,000.

On the two-lanes facing the straight line of 60km speed limit, there was a duty of care to prevent accidents, such as reducing the speed for those engaged in driving service and warning by a horn, etc., because the DPoter truck drivened by the victim C ( South, 30 years old) over the central line and is proceeding to the above car-to-day truck.

Nevertheless, the Defendant neglected this and failed to reduce speed and received the front side of the driver’s seat of the above car truck as the front side of the above car truck in order to turn back to one’s own car line in order to avoid collision by negligence at a speed of 67 km per hour.

Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., blood shock, etc. from the tin.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer of the E and F;

1. Application of Acts and subordinate statutes to the report of a traffic accident, the report of the results of the traffic accident analysis, the notification of the results of the traffic accident analysis, photographs, photographs, photographs, and photographs;

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 there is a considerable fault in the occurrence of traffic accidents or the expansion of damage even for the victim (the victim of April to October) in the mitigated area (the victim of a traffic accident) (the special mitigated person] [the decision of sentence] six months of imprisonment without prison labor, one year of suspended execution (the defendant's vehicle was subscribed to the deduction of cargo; the victim's vehicle was faced with the central line first of all without any particular reason, and the victim's vehicle was involved in dangerous driving.

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