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(영문) 대구지방법원 2014.01.23 2013고단6435
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

The Defendant also is a person who is engaged in driving of a cargo vehicle.

On September 14:25, 2013, the Defendant driven the above cargo, and operated the high-priced road, which is in the repair of the Cheong-do, Cheong-do, Cheong-do, Chungcheongnam-do, Cheong-do, from the erogic distance to the front instructor distance.

At this point, the speed limit is 60km per hour, and the center line of yellow-line lines is installed, so the driver is obliged to observe the speed limit and not to dump the center line. However, the defendant neglected to do so, while driving at a speed exceeding 85 km per hour, the defendant caused the death of the victim D (68 years old) driving on the opposite opposite lane from the mother instructor's distance to the ebbbbbbbbbbing distance.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident investigation;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the instant accident occurred due to the Defendant’s violation of the median line and speed limitation of the Defendant’s central line crime and the resulting result, which led to the death of the victim, the sentence is determined as ordered, taking into account the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the victim’s bereaved family members and the bereaved family members have agreed to the automobile comprehensive insurance; (c) the Defendant’s age, character and behavior, intelligence and environment; (d) the motive, means and consequence of the crime; and (e) the circumstances after the crime

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