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(영문) 대전지방법원 홍성지원 2013.11.29 2013고단906
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Dmaler scambling scamblings.

On September 30, 2013, the Defendant driven the above cargo vehicle on September 10, 2013, and led to two-lanes of the two-lane road in front of the Heungsung-gun Hong-gun red-gun red-gun, Hongsung to the direction of the upper distance from the side of the Heungsan Agricultural, Agricultural, and Agrochemicals.

Since there is a location of the red market, there is a large number of proceeding vehicles and pedestrians, in such a case, there was a duty of care to safely drive the vehicle by accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and got the victim E (M, 75 years old) who was next to the above cargo vehicle due to negligence, and served the victim over the above cargo vehicle.

As a result, the Defendant suffered two cases from the victim by occupational negligence as above, resulting in death in the same job.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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 Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) that the defendant has led to the confession of the crime of this case and appears to repent of his mistake in the truth; Article 62 (1) of the same Act does not apply to the defendant; Article 62 (1) of the same Act

1. Social service order under Article 62-2 of the Criminal Act;

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