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(영문) 대구지방법원 포항지원 2013.07.11 2013고단509
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

On April 8, 2013, the Defendant driven C concrete mixed trucks on April 19, 2013, and transmitted it to North Korea-gu at port at port, the Defendant proceeded at a speed of about 96 km at a speed of about 80 km per hour, which exceeds the speed of 80 km per hour, depending on one lane from the territorial direction.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle by securing the safety distance and complying with the speed limit through a well-rounding and left-hand side.

Nevertheless, the Defendant neglected to do so and did not see the warning flag of the D Driving that was driven ahead of the above truck, and shocked the back part of the said horse with the front part of the above truck.

Ultimately, around April 8, 2013, the Defendant caused the victim E, a passenger of the said horse, to die due to serious brain damage on the road above, around 19:54 on April 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. A report on investigation (calculated speed);

1. A corpse of corpse;

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

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. Although the occurrence of a serious result of the death of the victim of suspended execution occurs, the punishment as set forth in the order shall be determined by taking into account the following factors: (a) the scope of sentencing factors and the scope of recommended sentences [the basic area of ordinary traffic accidents and Type II (the base area of ordinary traffic accidents and Type II (the death of traffic accidents)] set forth in the sentencing guidelines for traffic crimes; (b) the main positive factors of the criteria for suspended execution; (c) the main positive factors of the criteria for suspended execution; and (d) the general positive factors of the criteria for suspended execution (the social relation is clear, serious reflectness

Criminal punishment shall be imposed in addition to the fact that it is against Article 62 (1) of the Criminal Act and is punished three times by a fine.

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