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(영문) 대구지방법원 2013.09.26 2013고단2413
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 a Csch Rexn car.

On December 4, 2012, around 01:50, the Defendant came to proceed at a speed of 80 kilometers per hour from the 11.1km point below the Daegu Port Highway located in the direction of the Sinan-si, Gyeongyang-si, Gyeongyang-si, Gyeongyang-si, to the 80 kilometers per hour from the breadth of the port to the west-si.

At the time, since it was an expressway at night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and checking well the front side.

Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, and received the front side of the 17.5 tons of the E 17.5 tons of the D Driving Truck, which was going on the front side of the Defendant’s vehicle.

Ultimately, at around 04:45 on December 4, 2012, the Defendant caused the death of the Victim F (33 years of age) who was on the Defendant’s driver’s car by occupational negligence, from the H Hospital located in Daegu-gu Daegu-gu G to the eroculation fever.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the sentencing of Article 62-2 of the Criminal Code of the Social Service Order is very important for the defendant's reasons for sentencing, the victim's bereaved family members do not want the defendant's punishment, the defendant's serious reflectiveness, there is no record of criminal punishment, the vehicle is covered by a comprehensive insurance, the relation between the defendant and the victim, and the age of the defendant are determined as ordered in consideration of all the normal data revealed in the public trial process such as the victim's bereaved family members.

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