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(영문) 청주지방법원 제천지원 2013.07.04 2013고단283
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On October 18, 2012, the Defendant was a person who is engaged in driving C truck, and was driving C truck at around 18:25, the front part of E-to-be driving of the victim D(72 years old) driving running from the center due to negligence that failed to properly operate the steering gear while driving C truck to the front part of the D (72 years old) driving of the C truck.

Ultimately, the Defendant caused the death of the victim by occupational negligence at G Hospital located in the Chungcheongnam-si F on October 31, 2012, on the ground of brain expenses, around 07:48.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, photographs of those who have suffered from a change, and death diagnosis reports (D);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's reason for sentencing under Article 62(1) of the suspended sentence causes the death of the victim in violation of his duty of care and thereby causes irreparable pain and damage to the victim and his/her bereaved family members, and thus, it should be punished. However, the defendant's mistake and reflects his/her depth while recognizing the defendant's mistake, the defendant purchased a comprehensive insurance policy and paid approximately KRW 80 million insurance money, and the defendant's deposit of KRW 5 million for the victim's bereaved family members due to economic difficulties, etc. shall be considered as favorable to the defendant, taking into account the fact that the victim's bereaved family members did not reach an agreement with the victim's bereaved family members, and the sentence

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