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(영문) 대구지방법원 2014.07.24 2014고단3049
교통사고처리특례법위반
Text

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

except that 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 engaging in driving a rocketing car.

At around 04:40 on April 8, 2014, the Defendant: (a) driven the said car, and proceeded with the first half of the said car on the road as a fenced road located in the Hansung-gu Man-gu Mann-gu Mann-si, Daegu-si; (b) while neglecting the duty of the Jeonju-si, the Defendant was able to go beyond the road by shocking the victim D (24 years of age) who crosses the said car without the permission from the Daegu-gu, Daegu-gu, which was due to the negligence in the course of duty when he neglected to perform the duty of the Jeonju-si.

At around 11:23 on April 17, 2014, the Defendant caused the death of the victim due to an occupational negligence, resulting in the death of the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spece, and the cerebral cerebral Spece.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report, a traffic accident report, etc.;

1. Application of Acts and subordinate statutes to autopsy records and death diagnosis reports;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] general traffic accident [the special mitigation range] No. 2 (Death of Traffic Accidents) [the victim] shall be subject to the special mitigation range (two to ten months)] [including efforts to recover damage] of the occurrence of traffic accidents or expansion of damage [the decision of sentence] six months of imprisonment without prison labor], and two years of suspended execution, the defendant caused the serious result of the death of the victim due to the instant accident. However, the defendant is closely against the instant crime, the vehicle is covered by a comprehensive insurance and agreed only with the victim's bereaved family members, and the victim contributed to the occurrence of the instant accident without permission. The defendant is the primary offender, and other factors.

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