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(영문) 대구지방법원 2013.07.18 2013고단3238
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving a K5-car.

On March 29, 2013, the Defendant driven the above car on March 29, 2011:55, and turned to the left the front of the Alpha-gu Yacheon-si, Youngcheon-si at the right port.

Since there is no traffic control, a person engaged in driving service has a duty of care to check whether there is a cross-road vehicle by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the Defendant neglected to do so and instead received the victim's D/C driving 71 years old from the front part of the Defendant's vehicle, and made the victim go beyond the ground floor.

Ultimately, around April 27, 2013, the Defendant caused the victim’s death by occupational negligence as seen above, and around April 27, 2013, at E Hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] The reason for sentencing under Article 62(1) of the Criminal Act : General traffic accidents, death of traffic accidents (type 2): Reduction element of punishment [the scope of recommendation field] Reduction element / [the scope of recommendation field] Reduction element of imprisonment without prison labor / April-10 [the scope of recommendation area] Reduction element of Motor Vehicle Comprehensive Insurance / [the scope of imprisonment without prison labor 4-10 months] Reduction element of Motor Vehicle Comprehensive Insurance / there is no serious reflectness, criminal punishment / there is no history of death (unlawful of death), accident (unlawful of punishment), serious reflectness, comprehensive motor vehicle insurance / [the decision of imprisonment without prison labor ] Death and suspension of execution.

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