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(영문) 대구지방법원 상주지원 2013.05.07 2013고단44
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than 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

Criminal facts are recognized by rhythizing the facts charged to the extent that there is no concern about substantial disadvantage to the defendant's defense right.

1. On November 23, 2012, the Defendant driven a car at B low-speed 15 (18:15) without obtaining a driver’s license, and driven a road No. 28 (28) located in the Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-do.

2. The Defendant driving a vehicle at the above temporary border at night when driving the said vehicle and driving the said road toward snding from the right edge of the said vehicle, and as such, in such a case, the Defendant was at the duty of care to operate the vehicle safely by reducing the speed and accurately operating the steering and operating the steering gear, the Defendant, who is engaged in driving the vehicle, neglected to do so and caused the victim C (75 years of age) who walk walking in the same direction as that of the Defendant’s driving direction on the right edge of the said vehicle at the time of the above vehicle, and caused the victim’s death at the D Hospital at the same time in Ansan-dong City around 00:05 on the following day, due to sexual brain injury, etc. at the D Hospital at the right edge of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. A death certificate;

1. Application of the statutes governing the on-site inspection of traffic accidents;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts (the occupation of occupational death or death caused by traffic vehicle, the choice of imprisonment without prison labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (to the extent that such punishment is added up with a maximum of 10 months from among the two types of general traffic accidents) [a sentence against the accused shall be imposed by imprisonment with prison labor for not more than 10 months within the scope of mitigated sentence, taking into account persons who have

1. Agreement with the bereaved family under Article 62(1) of the Criminal Act;

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