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(영문) 대구지방법원 상주지원 2013.05.21 2013고단65
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 one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 14:20 on December 2, 2012, the Defendant: (a) driven a rocketing car and had the 49-lane Do road, which is located down in the 1st century, go to the right side of the gate-side office from the gate-to-door resting area at the time; (b) it was difficult for the Defendant, who is engaged in driving of the motor vehicle, to find out the ice-to-face surface before the gate-to-face; and (c) in such a case, the Defendant, while driving the motor vehicle, had the victim D, 26 years old, 28 years old, 25 years old, and 15 years old, suffered from an injury to the right side of the vehicle on the road to handle the preceding traffic accident by reducing the speed in advance; and (d) he/she had the Defendant, who was negligent in performing the duty of care to operate the steering and brake system in order to prevent the accident by accurately operating it. At the same time, the Defendant, on the left side of the victim 25 years old-to-day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and G;

1. A death certificate;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant shall agree with the victim D’s bereaved family members, deposit 12,00,000 won for the victim E, the Defendant’s vehicle is not heavier than the degree of occupational negligence, the Defendant’s vehicle is subscribed to liability insurance, there is no penal power against the Defendant, and there is no traffic offense in the vehicle driving license register against the Defendant.

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