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(영문) 대구지방법원 안동지원 2016.04.12 2015고단828
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 engaging in driving a rocketing car.

On November 26, 2015, the defendant operated the above car on the 18:15th day of November, 2015, and proceeded to the 35th day of the national highway D in the vicinity C of Ansan-si, Andong-si.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking the front side and the left side.

Nevertheless, the Defendant neglected this and went beyond the victim E (60) who was walking in the same direction as the Defendant’s vehicle at the front side of the Defendant’s vehicle due to negligence, which led the Defendant to go beyond the front side of the Defendant’s vehicle.

Ultimately, the Defendant died of the victim due to the above occupational negligence due to cerebral cerebral cerebral injury and damage to the state.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

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

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 Act on the Suspension of Execution is an automobile driver for the reason of sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds), and the nature of the crime in this case, which resulted in the death of the injured party while driving the vehicle without examining the direction of the vehicle in detail, and shocking the injured party’s situation of the crime in this case and the degree of the injured party’s damage, are considered: (a) the accused does not want the Defendant’s punishment in agreement with the injured party; (b) the vehicle was covered by a comprehensive insurance; and (c) the Defendant took account of the fact that the injured party’s family does not want the Defendant’s punishment; and

In addition, the defendant's age, sex, occupation, environment, family relationship, etc. are considered as a condition for sentencing, and the sentence is imposed as ordered.

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