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(영문) 대구지방법원 영덕지원 2013.03.27 2012고단217
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On July 25, 2012, the Defendant operated the said car at a speed of 60 to 70km per hour by driving it on July 25, 2012, and driving it on the 31-lane national highways in front of the Crogian community hall, which is located in the Crogian-gun, Grogian-gun, and driving it at a speed of 60 to 70km per hour in front of the Crogian community hall.

However, since there is a lot of vehicle traffic as a village neighboring road, there was a duty of care to ensure safe operation by checking the right and the right of the driver.

Nevertheless, the Defendant did not find out the warning engine of the victim E driving, and had the victim E get out of the road due to the shock of the rear side of the warning engine driven by the Defendant with the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant caused the victim E by the above occupational negligence to die due to the low volume shock shocks caused by the divessis while receiving treatment at the Daegu-gu F Hospital at around 01:46 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Reports on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a death certificate, a death certificate, an autopsy record, and a traffic accident investigation and analysis, respectively, and a written public notice of notification (with respect to the speed of

1. Application of each of the visual Acts and subordinate statutes to traffic accident photographs (10 copies), dead bodies photographs (8 copies);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of punishment by law] One-month or imprisonment without prison labor of one-month or five years (the determination of a sentence] of ordinary traffic accidents among traffic crime groups (the death of a special person): there is no aggravated element.

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