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(영문) 대구지방법원 김천지원 2013.05.22 2013고단286
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Around 00:03 on February 14, 2013, the Defendant driven the BSS5 car by business, and was going to go from the direction of the city to the mountain along the three-lanes of the road of the Dosan Public Health Center, located in the Dosan-dong in the Gu, Sinsi-si. At the time, not only at night, but also at the time, the cargo vehicle was parked on the four-lane, and the crosswalk was not secured at the time, and the victim C (the age of 27) who passed the crosswalk was due to the occupational negligence of driving the crosswalk while neglecting the duty of the Jeonju-si and neglecting the speed.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency department of the Gu-U.S. Hospital in the Gu-U.S., which was being treated after-the-counter on February 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident (2 reports) and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspension of execution [decision of a sentence] where there is a substantial fault for the occurrence of traffic accidents or the expansion of damage even for the victims of general traffic accidents [special sentencing] mitigation elements of traffic accidents: In the event that there is considerable fault for the occurrence of traffic accidents or the expansion of damage, no penalty shall be imposed [the scope of decision and recommendation] special mitigation area, February or October [the general sentencing element] mitigation element: Whether to suspend the execution of comprehensive motor vehicle insurance [the suspension of the execution of execution] Major extenuating circumstance for death: If the victims are negligent due to the occurrence of traffic accidents or the expansion of damage, it is clear that the victim is not subject to punishment and the general pride circumstance that there is no history of criminal punishment: Social relation; the detention of the accused is accompanied by excessive difficulty, a comprehensive motor vehicle insurance policy, and a sentence where the victims are actively

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