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(영문) 청주지방법원 영동지원 2013.08.01 2013고단57

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 February 11, 2013, the Defendant was driving a nuvia car as his duties and proceeded at a speed of about 60 km from the ec.g., the 505-lane of the ec., the ec.g., the ec. the ec. the ec. the ec. the ec. the ec. the ec. the ec. the ec. the ec. the ec. the ec.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so in such a case, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, the Defendant neglected this and caused the death of the victim E-dicotoba, which was driven in the opposite opposite lane due to negligence when driving the central line, at around 20:58 on February 11, 2013, at G hospital located in the F of Chungcheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do, where transmission treatment was being conducted, to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of applicable sentences under law] [the decision of a sentence] Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences] 5 years or less [the decision of a sentence] [the elements for mitigation of traffic accidents] - The elements for mitigation [the scope of applicable sentences] - [the scope of recommended sentences] from April to October of the imprisonment without prison labor (including serious efforts to recover damage] / the decision of sentencing] although the defendant committed an accident resulting in the death by breaking the central line, the execution of the sentence shall be suspended as set forth in the order, taking into account that the defendant agreed with the bereaved family member of the victim and the defendant did not have any identical criminal records.

It is so decided as per Disposition for the above reasons.