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(영문) 대구지방법원 김천지원 2014.03.12 2013고단1673

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On June 24, 2013, at around 20:45, the Defendant: (a) driven a D body-man car on a business basis; and (b) obstructed the part of the bridge of the victim E (the 54-year-old age), who was flicking on the left side of the course due to the occupational negligence, was negligent in failing to perform the duty of the front bank 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 the right and the right and the right and the right and duty

Ultimately, the Defendant caused the death of the victim from the G Hospital located in Kimcheon-si F, which had been receiving a post-transmission treatment at around 23:20 on the same day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of each traffic accident and a actual survey report;

1. Investigation Report - Investigation Report - Statements - Statements made against the shootings;

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

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 selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Traffic Accidents Death [Special Convicted Persons] - Where the victim has been negligent due to considerable fault in the occurrence of traffic accidents or the expansion of damage [the scope of the recommended area and the recommended sentence] mitigation area], April-10 [the general person] mitigation element: Relief measures after accidents, considerable amount of money deposited, subscription to the comprehensive motor vehicle insurance [the suspension of execution] - Major illegal grounds for death: If the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, it is clear of social relationship, serious reflects, there is no criminal record, the detention of the defendant entails excessive difficulty to his/her family members, the comprehensive motor vehicle insurance policy, and the victim actively.