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(영문) 대구지방법원 상주지원 2013.06.11 2013고단40
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

On November 21, 2012, at around 16:20, the Defendant: (a) tried to drive D Poter Cargo Vehicles and then discovered the victim E (or 71 years old) crossing the road to the right side from the left side of the course of the Defendant’s course due to the occupational negligence, and then, (b) discovered the front side of the said vehicle and caused the death of the victim by taking advantage of the front side of the said vehicle in order to ensure the safety of the course and to ensure the safety of the operation of the vehicle in order to prevent accidents by accurately operating the steering system; (c) the Defendant, who is engaged in driving the vehicle, was negligent in performing the duty of care and to safely drive the vehicle in order to prevent accidents due to an accurate operation of the steering and steering system; and (d) caused the death of the victim by taking advantage of the front side of the said vehicle at around 17:21 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. An appraisal report and comprehensive traffic accident analysis report;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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