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(영문) 대구지방법원 상주지원 2015.01.06 2014고단615
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for ten months, and by imprisonment without prison labor for one year.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving of D Pops, and around 15:22 on October 1, 2014, the victim F (85) who was on board the said Obababababababababa, driving the said cargo onto the right side of the proceeding direction due to negligence of neglecting to drive the labababa in front of the public health clinic in front of the public health clinic in front of the Yongsancheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, in the national pesticide bank, while driving the lababa on the right side from the central pesticide bank, caused the victim F (85) who was on board the said Obababababa on the same day, caused the death of the victim F, who was on board the said Obababababa on the same day, due to the negligence of neglecting the lababababa.

Accordingly, the defendant jointly with the above B caused the death of the victim.

2. Defendant B is a person who is engaged in driving E50cc Oral, and due to negligence of neglecting to drive the above Orala, at the time and place specified in paragraph (1), the Defendant caused the death of the victim F (the age of 85) who was receiving the cargo specified in paragraph (1) from the above Orala, and was living in the above Orala while driving the Orala, at the same time and place, and caused the death of the victim F (the age of 85) who was living in the above Orala, the same day, around 19:49, at the literature and economy hospital located in the 25-lane of the Maala-si, Chungcheongnam-si.

Accordingly, the defendant jointly with the above A resulting in the death of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Defendants of the relevant legal provisions concerning criminal facts and the choice of punishment: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Articles 268 and 30 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A [Limits of Recommendation] The mitigated area (4-10 months) of the mitigated area (4-10 months) of the general traffic accident (the special mitigation area) (the decision of the sentence) of Defendant A (the decision of the sentence) is one of the bereaved family members of the victim, and that Defendant agreed with the bereaved family members of the victim.

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