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(영문) 대구지방법원 2014.04.10 2014고단870
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a PP car.

On December 31, 2013, the Defendant: (a) driven the said car on December 18:21, 2013; (b) neglected the Defendant’s duty of Jeoncheon-gu Hospital’s duty of care on the two-lanes of the two-lanes in front of the Dacheon-gu Airport, Youngcheon-gu, Police Station; and (c) neglected the Defendant’s duty of care on the front side of the said car to the right side of the said car; and (d) led the E (56 years old) to the left side of the said car.

The Defendant caused the victim’s death immediately from such occupational negligence to multiple, long-term damage.

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. Application of Acts and subordinate statutes to a death certificate or a copy of autopsy report;

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

1. The range of recommended sentences on the sentencing guidelines [decision of types] traffic crimes, general traffic accidents, and death of traffic accidents (type 2] (special sentencing factors): In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents even for the victim, the victim is not subject to punishment [the scope of recommending punishment] special mitigation areas, and February-10 months or more of imprisonment without labor

2. Although the result of the death of the victim of the instant accident in which the sentence of sentence was rendered, the victim was negligent in the occurrence of the instant accident, the agreement between the victim and his bereaved family members was reached smoothly, the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance, the Defendant has no record of criminal punishment, the Defendant’s age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and various sentencing factors shown in the pleadings of the instant case, including circumstances after the crime, shall be determined as ordered.

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