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(영문) 대구지방법원 의성지원 2016.07.14 2016고단77
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for 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 of a C Poter cargo vehicle.

On March 21, 2016, the Defendant driven the above cargo vehicle around 09:35, and led to a speed of about 60 km from the west to the west of the Do road No. 68, which is about 1st day of the 1st century, to the west of the Do road at the speed of about 60 km.

Since there is a local highway of one-lane, a person engaged in driving of a motor vehicle is not able to accurately operate steering gear and brakes, drive a motor vehicle at a speed or in a manner that may cause danger and harm to others according to road traffic situation and the structure and performance of the motor vehicle, and have a duty of care to prevent accidents by properly examining the front section and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to pay due attention to the traffic situation in the front of the Defendant’s moving direction by negligence, which led to the failure of the Defendant to stop in front of the Defendant’s moving direction, and received a part of the Defendant’s moving back to the left left side of the agricultural air rupture operated by the Defendant (77 ).

Ultimately, the Defendant caused the victim's death by occupational negligence in the middle-gu, Daegu, Daegu, on March 21, 2016, by an diversative shock from the Gannam Hospital, which was located in the middle-gu, Daegu, Daegu, to the diversic shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on the actual condition, and on-site photographs;

1. A death diagnosis report prepared by a doctor E;

1. Application of Acts and subordinate statutes concerning 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] for the mitigation area (4 months to 10 months) of the mitigation area (the person subject to special sentencing] [the person subject to sentencing] was not punished (the sentence decision] for April of the imprisonment without prison labor, for one year disadvantageous to the suspended sentence - the victim’s death due to the instant traffic accident.

- the favorable circumstances;

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