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(영문) 대전지방법원 2014.05.16 2014고단1184
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

On December 18, 2013, the Defendant driven a truck of C4.5 tons at C4.16, and proceeded at approximately 73 km in speed, depending on one speed from the offside to the Jinsan-gun. At the time, the Defendant stopped on the front side of the opposite side of the city bus at the time, and the Defendant had a duty of care to check the safety of course and to build a road on the front side and right side of the road. However, the Defendant, by negligence, driven from the city bus without any negligence while driving the vehicle and loaded the road to the right side of the Defendant’s moving side of the road from the left side of the road to the right side of the road, and turned the road to the front side of the truck, and caused the victim and the victim to die due to any injury to the external wound, etc. at the site of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] Transport Crime Group, General Traffic Accidents (Type 2), Special Mitigation Zone, Special Mitigation Zone, imprisonment without prison labor for February or October (Pronouncement Decision] 8 months, imprisonment without prison labor for a period of two years from the suspension of execution or one-time fine for a period of two years from the suspension of execution that there is considerable negligence in the occurrence of traffic accidents or the expansion of damage, and the relationship between the victim and social ties is clear;

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