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(영문) 대구지방법원 김천지원 2013.10.16 2013고단922
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

At around 23:55 on May 3, 2013, the Defendant operated a DEX car and proceeded with the air room in the Gu and Si/Gu according to two lanes among the two-lanes in the interest of the Gu and Si/Gu-U.S., the Defendant received the victim E (50 years old) who dried the crosswalk in violation of the signal to the right side from the left side of the proceeding direction due to occupational negligence, when the Defendant neglected to perform the duty of Gu-U.S., on the left side of the road.

Ultimately, the Defendant committed the same month by occupational negligence as above.

4. Around 00:15, at the emergency room of G Hospital in the Gu-U.S., where the after-sales treatment was conducted, the death was caused by serious symptoms, damage to the two parts, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes on a written autopsy;

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, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspension of execution [decision of a sentence] where there is a substantial negligence for the occurrence of traffic accidents or the expansion of damage even for the victims of general traffic accidents, a decision not to punish [limited to the decision and recommendation range] special mitigation range, February or October [limited to a general person] mitigation element: There is no record of subscription to comprehensive vehicle insurance or of criminal punishment. There is no major reason for suspension of execution]. Major reason for suspension of execution: Where the victims are negligent due to the occurrence of traffic accidents or the expansion of damage caused by traffic accidents: Non-execution of comprehensive vehicle insurance [decision of a sentence] for six months, and two years of suspension of execution;

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