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(영문) 대전지방법원 2013.09.13 2013고단1735

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On January 22, 2013, at around 06:15, the Defendant: (a) driven a 1 ton truck of C 1 ton and proceeded two lanes from the border distance to the long-distance distance of about 50km in front of the Daejeon Seo-dong "Yolpo-dong" store; and (b) at the time, there was a new wall and slurbing, and at that time, at that time, the Defendant was obliged to take an occupational duty of care to prevent accidents by accurately operating the front bank and the left and the left, and by accurately operating the steering direction and brakes; (c) the Defendant was negligent and negligent in the course of the duty and found the victim D (the age of 63) crossing the road from the right side of the port side of the Defendant’s running, and caused the victim’s death to the right side part of the cargo vehicle and caused the victim’s death to the low-level shock of the EF Hospital in Seo-gu on the same day at around 209:20.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] 1 to 5 years [Special Convicts] of imprisonment without prison labor / [Special Convicts] - Reduction elements (any injured person has a substantial fault for the occurrence of a traffic accident or the expansion of damage] - (Scope of Recommendation Punishment] / Traffic Crime Forces, General Traffic Accidents (Death resulting in Motor Vehicle Accidents), Reduction Areas, From April to October of imprisonment without prison labor / Major Reasons for Consideration - Where the injured person has a substantial fault for the occurrence of a traffic accident or the expansion of damage, the occurrence of a traffic accident or the expansion of damage shall be limited to imprisonment without prison labor / [Determination of imprisonment without prison labor ] 10 months and/or 10 months.