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(영문) 대구지방법원 2014.07.24 2013고단6111
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 CM5 car.

On September 21:58, 2013, the Defendant driven the said car and got the said victim back to the front part of the Defendant’s driving vehicle, and got the victim D (one day, sixty years of age) who crosses the crosswalk installed on the right side of the Defendant’s driving vehicle to the left side of the Defendant’s driving vehicle in accordance with the pedestrian signal by the negligence that violated and proceeded with the signal at a speed of about 30 kilometers from the mid-rangeN to the long-distance outflow side of the home flusium in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in two lanes of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the city in the middle of the 29:23rd of the same month.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of G and H;

1. A death certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant operated a vehicle in violation of the signal, and that the defendant shocked pedestrians crossing the crosswalks according to the pedestrian signal and caused their death, and the liability for the crime is not exceptionally applied.

However, the defendant is the first offender and the mistake is divided in depth, the defendants do not want the punishment of the victim, the driving vehicle was covered by the comprehensive motor vehicle insurance, the age, family relationship, character and conduct of the defendant, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case shall be determined as ordered by the court.

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