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(영문) 대구지방법원 의성지원 2016.01.28 2015고단219
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a gallon vehicle.

On September 22, 2015, the Defendant proceeded with a Doide, which is one of the birth ties of the Geong-gun, Geong-gun, Geongbuk-gun, Geong-gun, Geong-gun, Geong-gun, Geong-gun, Geung-gun, Geung-gun, Geung-gun,

There is a duty of care to safely proceed with the right-hand side of the moving direction to a person engaged in one-lane driving of the central line without exceeding the central line.

Nevertheless, the Defendant neglected this and received the front part of the F Cargo Vehicle that was driven by the victim E (77 e.g., South) who was normally driven in the opposite direction due to the negligent negligence of the central line, from the front side of the gallon vehicle.

Ultimately, at around 14:51 on the same day, the Defendant caused the death of the victim due to serious damage to the fluent ples, etc. from the emergency room of the Ansan-dong hospital located in the 11st, Ansan-dong, Dong-dong, Seoul Special Metropolitan City due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to a copy of death certificate;

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 on the suspended sentence [Scope of Recommendation] General traffic accident Type 2 (Death and Injury by Traffic Accidents) (In April to October), the mitigation area (person subject to special mitigation] [Determination of sentence] 6 months of imprisonment without prison labor for 6 months, suspension of execution 2 years of suspended execution (the fact that the defendant is old, the fact that the defendant purchases a comprehensive motor vehicle insurance, the fact that he/she has agreed with the victim's bereaved family members, the fact that the defendant has agreed with the victim's bereaved family members, and

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