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(영문) 대구지방법원 의성지원 2013.08.29 2013고단150
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

Around 04:43 on June 11, 2013, the Defendant driven the above-mentioned vehicle, and led to the parallel of filial duty to the parallel of right from the parallel of right to the parallel of right to the parallel of right to the parallel of right.

At the time, there was a duty of care to prevent accidents in advance by thoroughly operating the driver of the vehicle at night and at a point of a three-distance intersection, and by accurately manipulating the steering system and operating system of the vehicle.

Nevertheless, when the defendant neglected to do so and proceeded as it was, the victim D (the age of 83) who crosses the road to the right side from the left side of the right side of the defendant's running direction was left as the front side of the defendant's vehicle.

As a result, the Defendant caused the death of the above victim by occupational negligence in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a actual survey report, an accident-related photograph, and a death diagnosis report;

1. Application of Acts and subordinate statutes to a criminal investigation report ( analysis of image data of an accident vehicle);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. Application of the sentencing guidelines [decision of types] general traffic accidents, types 2 (Death of Traffic Accidents) - No aggravated factors: Reduction factors: Cases where there is substantial negligence due to the occurrence of traffic accidents or the expansion of damage (less crossing) by the victim, suspension of punishment [the scope of recommending punishment] - No aggravated factors: Motor Vehicle comprehensive insurance policy, serious reflects, initial crimes [the main reasons for suspension of execution of sentence] - Reasons for death: Death: Where the victim has a substantial fault due to the occurrence of traffic accidents or the expansion of damage (less crossing). No aggravated factors: (1) February 1, 200; (2) February -10:

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