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(영문) 대구지방법원 2013.04.04 2012고단8798
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On September 27, 2012, the Defendant driven the said car at a speed of about 60-70 km from the Cheongdo-Eup to the Cheongdo-si, Cheongdo-do-si, and proceeded at a speed of about 60 to 70 km from the Cheongdo-do-Eup.

At the time, it was difficult to take the front time at night, so there was a duty of care to prevent accidents in advance by accurately manipulating the front time and the left and right of the driver of the motor vehicle, and by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected this and found the victim D(80 years old) who crosses the road to the right side of the road from the port side of the port side of the motor vehicle of the Defendant on the front side of the motor vehicle of the Defendant when driving the motor vehicle by neglecting to drive the motor vehicle on the front side by negligence.

Ultimately, the Defendant caused the death of the victim by occupational negligence as a result of the heart suspension due to the dubation of two frameworks around 20:08 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes on investigation reporting;

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;

1. Reasons for sentencing [decision of type] under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., where there is considerable negligence in the occurrence of traffic accidents even to the victim of a general traffic accident, the death of a traffic accident (type 2) [decision of the recommended area] mitigated area (decision of the recommended area] [the scope of punishment] from April to October [general person] of imprisonment without prison labor [the scope of punishment] comprehensive motor vehicle insurance, and there is no record of criminal punishment.

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