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(영문) 대구지방법원 김천지원 2013.08.28 2013고단740

교통사고처리특례법위반

Text

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

except that 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 May 6, 2013, at around 15:15, the Defendant operated B Poter Cargo Vehicle with business services, and proceeded from the 135-1-dong Kimcheon-si, one-lane of the two-lanes to the Poter distance. While neglecting the duty of the Poter in front of the Poter 135-1, the Defendant, by negligence in the course of business, found the victim C (e.g., 70 years of age) who crosses the left-hand side of the Poter to the right-hand side of the Poter in order to avoid this. However, the Defendant did not avoid the Poter and was able to get the victim go beyond the back of the Poter by obtaining the right-hand side of the Poter Poter 135-1.

Ultimately, around 00:36 on May 12, 2013, the Defendant caused the death of the victim of the occupational negligence in the E Hospital located in Daegu Northern-gu, Daegu, to the brain death.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Two reports on the occurrence of a traffic accident, two reports on the occurrence of a traffic accident, and a actual survey report on a traffic accident;

1. Application of statutes to a copy of a 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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspension of execution [the decision of a sentence] traffic accidents [the special sentencing factor] for the occurrence of traffic accidents or the expansion of damage: In a case where there is considerable negligence on the part of the victim in the occurrence of traffic accidents or the expansion of damage, a non-prosecution [the scope of the recommendation area] special mitigation area, February-10 [the general sentencing factor] mitigation element: Relief measures after accidents, subscription to the comprehensive motor vehicle insurance [the suspension of execution]. Major extenuating circumstances for death: In a case where the victim was negligent on the part of the victim in the occurrence of traffic accidents or the expansion of damage from traffic accidents, a non-prosecution [the decision of a sentence] imprisonment without prison labor for eight months, and two years of a suspended execution. In addition to each of the above sentencing factors, the defendant shall not be punished