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(영문) 대전지방법원 공주지원 2013.04.26 2012고단342
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving freight cars B.

On July 23, 2012, the Defendant driven the above cargo vehicle around 21:05, and led to the flow of 17-way road from the surface of the sloping-si, the Ying-si, the Ying-si, the Ying-si, the Ying-si, the Ying-si.

At the time, since it is night, the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly discharging the duty of care.

Nevertheless, the Defendant neglected this and got the bicycle driven by the victim C (the age of 82) who was driving ahead of it as he was negligent, resulting in the death of the victim due to the symptoms of serious brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Article 62 (1) of the Criminal Act (including the fact that a suspended sentence is recognized and reflected, the fact that it has been agreed with the bereaved family members of the victim and is covered by a comprehensive insurance policy);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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