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(영문) 대구지방법원 상주지원 2013.06.04 2013고단171
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C pay-3 cargo vehicles.

On March 12, 2013, the Defendant driven the above cargo vehicle around 09:30, while proceeding from the kingcheon-gu, Yacheon-gu, Yacheon-do to the Yacheon-gu, Yacheon-do, Yacheon-do at about 100km each hour.

In this case, a person engaged in driving service has a duty of care to observe the speed limit and to ensure the safe operation by checking the right and the right and the right of the road at the speed of 60 km.

Nevertheless, the defendant neglected to do so and was driven by the victim D(the age of 62) who was under the influence of the defendant due to negligence while driving on the front part of the above cargo.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on March 19, 2013, at the Fadong-si Fadong-si Fasi Fasi Hospital to die due to the acute depression.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (23 pages of investigation records);

1. A death certificate;

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

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. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the matters agreed with bereaved family members, the fact that the person is subscribed to liability insurance, the fact that there is no criminal record other than one fine, and the fact that the person is detained for a considerable period of time, the degree of negligence on duty

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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