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(영문) 대구지방법원 김천지원 2013.07.24 2013고단457
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Around 08:19 on February 18, 2013, the Defendant driven a B low-speed car by business, and proceeded from the 1st square square square of the U.S., U.S. to the 1st square of the U.S., U.S., U.S., the Defendant caused the victim C (78 years old) who was standing the crosswalk to the right side from the left side of the said car due to the occupational negligence, while neglecting the duty of front-down to the 1st square of the U.S., U.S., U.S., the Defendant caused the victim to go beyond the floor by shocking the victim C (78 years old) who was standing the crosswalk from the left side of the said car due to the following:

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to the heart and beer, etc. in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report and a traffic accident report;

1. An accident site photograph, or photograph of a melting vehicle;

1. Application of Acts and subordinate statutes concerning autopsys;

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 suspended sentence] Traffic accident resulting in general traffic accident [the scope of the decision and recommendation in the recommended area] mitigation area], fourth to October [the general sentencing] mitigation element: Relief measures after accidents, whether to suspend execution or not to subscribe to the comprehensive motor vehicle insurance [the main reason for suspension of execution]. The major reason for death: The reason for the suspension of execution is clear social relationship, not less than a suspended sentence, the detention of a defendant is accompanied by excessive difficulty to his family members, the comprehensive motor vehicle insurance is actively supported or escorted by the victim [the decision of a suspended sentence], eight months without prison labor or more, and two years of suspended execution;

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