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(영문) 청주지방법원 영동지원 2013.12.12 2013고단177
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 became final and conclusive.

Reasons

Punishment of the crime

On July 30, 2013, the Defendant was driving a high-priced car as a duty on the EM on July 30, 2013, and the Defendant continued to drive a one-lane road near the old coal death distance in the Sincheon-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in good faith.

Nevertheless, the Defendant neglected this and received the front part of the G Poter Cargo which was driven by the victim FF (year 38) who was driven by the opposite lane due to the negligence committed by the center line.

Ultimately, the Defendant caused the victim H (53 years of age) who was accompanied by the said car by occupational negligence to die with the multiple long-term damage on the job, and at the same time suffered injury to the said F, such as a ductating the right right door, which requires medical treatment for about 13 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. The actual condition survey report;

1. A postmortem report and a written result of autopsy;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims H with a heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspension of execution is more than that of Article 62(1) of the Criminal Act (i.e., the fact that the defendant agreed with the victims, the fact that the fine exceeds the fine, the fact that the upper limit of the class was restricted in the front range at the time of the accident, and the fact that the defendant's main figures want

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