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(영문) 대구지방법원 2013.05.16 2013고단2444
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 is a person who is engaged in the operation of Bunst Motor Vehicle.

On January 24, 2013, at around 07:55, the Defendant proceeded at a speed that would not be known by one lane from the side of the actual tunnel to the 2nd Corporation, where the Corporation is located in the Sinsan-Eup, Dog-ri, Pacific Island.

At this point, there was a center line of yellow solid lines, and there was a road, so there was a duty of care to safely drive the brakes and steering gear by reducing speed to those engaged in driving of the vehicle and properly operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and received the front part of the DNA car driven by the victim C(35 years old) from the opposite side due to the negligence going beyond the central line, and received the front part of the car driven by the Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as a low-quality shock shock from clock clock clocks at the Gyeongbuk-gun Eaeae Hospital, which was being treated after-the-job at around 11:30 on January 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. The actual survey report on traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes for 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution [decision of a sentence] General traffic accident, traffic accident (type 2), death of (type 2), [decision of the recommended area] mitigated area (decision of the recommended area] [Scope of sentencing] mitigated area (decision of the recommended area] by imprisonment without prison labor for not less than 4 months but not more than 10 months (general person] and other cases falling under the proviso of Article 3(2) of the Special School Regulations (whether or not to suspend the execution of sentence].

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