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(영문) 대구지방법원 포항지원 2015.05.14 2015고단20
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On November 30, 2014, the Defendant: (a) around 19:30 on the 19:30th day of the port in the north-gu Heungdong-gu, the Defendant moved one-lane road into the direction of the valley in the direction of the aero, from the ero, the Gero, the Gero, the Heung-gu, Seoul, to drive a car.

At the time, since the driver was under the duty of care at night, the driver engaged in the driving of the motor vehicle had a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and led the victim C (year 73) to the right side of the front direction of the road by occupational negligence, which did not properly conduct the front direction, and caused the death of the victim due to severe brain damage by taking the victim C (year 73) above the front right side of the car, going beyond the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement of the police inspection;

1. A corpse of corpse;

1. Application of the practical survey report, field photographs statutes;

1. Relevant laws concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] general traffic accidents in the range of mitigation (including April to October of the safe) [special mitigation] of punishment in the area of mitigation (including a serious effort to recover from damage] (the decision of sentence] of punishment not (including a serious effort to recover from damage] of the victim of the instant accident, the nature of the crime is heavy in light of the fact that the victim died.

However, the fact that the defendant has agreed to pay the agreed amount to the bereaved family members of the victim, the fact that the vehicle involved in the accident in this case seems to be able to cause damage to the bereaved family members of the victim because of the purchase of a comprehensive motor vehicle insurance policy, the fact that there is no special negligence in driving except that the defendant neglected to do so, the fact that the defendant has no previous conviction, the fact that the defendant is against the mistake, and other circumstances before and after the crime, etc.

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