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(영문) 대구지방법원 경주지원 2016.01.14 2015고단820
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA cargo vehicle.

On August 7, 2015, the Defendant driving the above cargo vehicle around 09:20, and driving the two-lane road in front of the “F Authorized Brokerage Office” in the racing-si, on the side of the Seongdong-dong community service center, from the Sungdong community service center to about 30 km each hour along the two-lanes.

At this point, on-and-off lights are installed, and a crosswalk exists in the front side, so there was a duty of care to prevent accidents in advance by driving a motor vehicle by checking whether there is a person driving the motor vehicle to reduce the speed and to see it well.

Nevertheless, if the defendant neglected this and proceeded on as it is, the defendant found the victim G (75 tax) to be right from the left side of the truck driving direction of the defendant's vehicle. However, the defendant did not avoid the situation and had the victim go beyond the road by taking the front part of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the same occupational negligence, such as the 87-dong University, University, Racing Hospital, which was under the treatment of transmission after August 10, 2015, and the 87-dong University, Sin-si, which was under the treatment of transmission.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident (1 deemed), a report on the occurrence of a traffic accident (2 deemed), and a report on actual condition investigation;

1. A death certificate;

1. Application of 11 copies of on-site photographs and 12 copies of a photo of the deceased;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Ordinary Traffic Accidents Act No. 2 (Death by Traffic Accidents) causes a traffic accident by the defendant.

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