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(영문) 대구지방법원 상주지원 2016.04.19 2016고단51
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On November 30, 2015, the Defendant driven the above car at around 07:00 and proceeded at a speed of about 60 km in the speed of the Si, depending on the two-lanes from the gateside to the Cheongri-ri-Myeon, the three-lane road in the front of the D, which is located in C at the time of residing in the border.

At this point, the crosswalk was installed, so there was a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, the Defendant neglected this and proceeded along as it is, by negligence, got the victim E (the 87 years old) who was standing a crosswalk in the red pedestrian on the right side of the right side of the direction of the course, was placed on the front part of the Defendant’s passenger car.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence by 07:18 on the same day due to serious brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. A traffic accident occurrence report, a situation report, a actual survey report, a scene photograph of the accident, and a photograph of the defense contractor;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (including the fact that the bereaved family and surviving family members of the victim agree with the bereaved family and do not want the punishment

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