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(영문) 대전지방법원 2013.12.06 2013고단4306
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 became final and conclusive.

Reasons

Punishment of the crime

On August 6, 2013, the Defendant driven a cargo truck of C1 ton, and proceeded along a two-lane road from the direction of the mountain area of the mountain area in the middle of the Daejeon-gu, Daejeon along one-lane from the direction of the mountain area. At that time, there is a large amount of rain at that time, the Defendant did not have a duty of care to reduce speed and to safely drive the front bank and prevent the accident in advance. However, the Defendant did not discover the victim D (the south, 77 years old) who was driving along the road from the right side of the driving direction due to the occupational negligence while neglecting the duty of care to prevent the accident by driving the road in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 2), Special Mitigation Zone, Special Mitigation Zone, imprisonment without prison labor for 10 months from February to October (Pronouncement Decision], second year of the suspended sentence, second year of the suspended sentence, clear social relation, serious reflectivity, subscription to motor vehicle comprehensive insurance, deposit of considerable amount, deposit of considerable amount, and affirmative relief of victims, the victim has considerable negligence in the occurrence of traffic accidents or expansion of damage, and considering the age, occupation, etc. of the defendant;

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