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(영문) 대구지방법원 경주지원 2014.08.20 2014고단243
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 C25 tons truck.

On January 28, 2014, at around 13:10 on January 28, 2014, the Defendant driven the above truck and proceeded at a speed of about 60km each other at a speed of about 30 km of the coast highway, which is located in the ambane of Gyeonggi-do, in order to turn 303 km away from the ambane of Seoul.

A driver has a duty of care to live well in the front room and secure safety distance and drive safely.

Nevertheless, the Defendant neglected to operate a vehicle near the expressway by negligence, and caused the victim D (the age of 64)'s low-speed car prior to the same lane to lower speed, and did not avoid it, and followed the vehicle. The Defendant, due to its shock, caused the said low-speed car to fall into the road below about five meters on the side of the expressway.

Ultimately, at around 14:25 on the same day, the Defendant caused the victim to die from the low-blood shock shocks during treatment at an integrated hospital of the etern central government on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes, such as a traffic accident situation statement, traffic accident report (1) (2), document verifying the fact of purchasing a motor vehicle insurance policy, victim's photograph, field photograph, death certificate, autopsy report, autopsy report, vehicle driving certificate, vehicle driving certificate register, vehicle accident investigation report, investigation report (report on confirmation of agreement between a suspect and a victim), investigation report (report on confirmation of agreement between a suspect and a victim), investigation report (report on husband's f statement of the victim), written statement and written statement;

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. As to the suspended sentence of Article 62(1) of the Criminal Act, the following two types of general traffic accidents (in the case of death of traffic accidents) shall be mitigated (in April to October) (special mitigation).

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