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(영문) 대구지방법원 경주지원 2014.01.28 2013고단686
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 driving a B-math cargo vehicle.

On August 26, 2013, 09:55 on August 26, 2013, the Defendant continued the front road of the Yandong-dong, Yandong-si, Yandong-si, with the hiver of gulsan-ri.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant neglected this, and caused the negligence of running the center line in the course of hacker, which was driven by the injured party C (A. 56 years old), to the front left part of the D kacker's freight, which was driven by the injured party C (A. 56 years old), to the front part of the Defendant's freight vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., chest damage from the seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

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 on the Suspension of Execution (Considerations, such as the fact that the vehicle of the defendant is covered by a comprehensive insurance and that the defendant agreed smoothly with the victim's bereaved family members, reflects the fact that the defendant is the first offender);

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