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(영문) 대구지방법원 안동지원 2016.08.19 2016고단432
교통사고처리특례법위반
Text

1. The punishment of a defendant shall be determined by a credit cooperative for six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On April 7, 2016, the Defendant driven the above car around 03:50, while driving it on the road of the D real estate located in Ansan-si C in front of the D real estate located in Ansan-si, and driving three lanes toward the East apartment from the side of the Abag-distance.

At that time, there is a duty of care to safely drive a child protection zone with a speed of 40 km/h, and there was rainwater on the surface at that time, so according to the speed limit (32 km/h) according to the speed limit (20/100) according to the speed limit (20/100) at the time.

Nevertheless, the Defendant neglected this while driving a limited speed exceeding 23 km/h, found the victim E (V, 76 years old) who crosses the road on the right side from the left side of the running direction of the Defendant in the course of the masting vehicle, and had the victim go beyond the front right side of the Defendant vehicle.

Ultimately, the Defendant received the victim from the above occupational negligence and caused the victim to die by low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Data to be attached to a criminal investigation report (CCTV image data);

1. Report on the occurrence of a traffic accident, a statement related to the traffic accident, a record book for drinking measurement, a copy of a ledger for using drinking measuring instruments, a report on the actual condition of a traffic accident, a detailed statement of the processing of the reported case, a death certificate, a medical certificate, a autopsy record, a certificate of autopsy, a certificate of autopsy, a written request for technical support for the traffic accident investigation and technical support, and a notification of the results of the traffic

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Determination of the territory of recommendation: Reduction area (special mitigation factors: Non-won of punishment);

C. Scope of recommendations: The credit cooperative shall be from four months to one year.

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