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(영문) 대구지방법원 김천지원 2013.06.13 2013고단389
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 January 25, 2013, at around 18:35, the Defendant: (a) driven a B rocketing car for business purposes, and neglected to perform the duty of Jeoncheon-si in front of the distribution of old U.S. nuclear power plant in the Gu and U.S.A., while driving the road from the Kimcheon-si to the Si of Gu and U.S., the Defendant was found to have been on the part of the victim C (45 years old) driving in the opposite lane, which was driven on the opposite lane, as the front part of the said car.

Ultimately, the Defendant caused the death of the victim due to the prolonged organ damage, etc. at the E Hospital located in the Gu, the Si, American, and the Si, American, where the victim was under the treatment for transmission at around 19:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the traffic accident report, the traffic accident report, the on-site inspection report, and statutes governing the site photographs;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for an order to attend a course of traffic accident [decision of types] - Death of traffic accident (special person with no license: Headlights, etc.) - When there is a substantial fault due to the occurrence of traffic accident or the expansion of damage (the scope of recommending punishment) even for the victim, the victim is not subject to punishment [the scope of recommending punishment] special mitigation area, February-10 [general person] - General Motor Vehicle General Insurance Policy - Where it falls under the proviso of Article 3(2) of the Act on Special Accounts of the Republic of Korea (whether to suspend execution of sentence] - Where the result of death occurs - Where the result of death occurs - Major special pride, the victim is not subject to punishment (bereaved family members) - Where there is a substantial fault due to the occurrence of traffic accident or the expansion of damage - Where the victim falls under the proviso of Article 3(2) of the Act on Special Cases of the Republic of Korea (Central Crime : General pride).

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