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(영문) 대구지방법원 상주지원 2014.11.25 2014고단519
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant: (a) was a person who is a driving employee of the Hyundai Schlage Truck Freight Vehicle; (b) was driving the said freight vehicle at a mountain signal in the mountain in the city of the city of the day; (c) on August 28, 2014, the Defendant was due to occupational negligence in the course of driving the vehicle in violation of the signal even though it was a stop signal, and the left turn to the left pursuant to the new subparagraph is due to an occupational negligence on the part of the Nowyang Elementary School, which was driven by the victim C (Nam, 55 years old) who was driving, the driver’s seat even the driver’s seat of the freight vehicle of the Defendant was shocked into the front part of the truck’s driver’s freight; (d) the victim’s 3rd of the said victim’s driver’s c (ma, 35 years old) who was under the stop to the rear part of the driver’s vehicle; and (e) the victim’s 3rd of the said passenger’s vehicle, such as the victim’s injury to the victim’s day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C (investigative records No. 38 pages);

1. The E statement (investigative records No. 41);

1. Application of the Acts and subordinate statutes of G (Investigation Record No. 45 pages) ;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the General Traffic Accidents of Type 1 (Death resulting from Traffic Accidents) and the basic area (4 to 10 months) (no person in special form] [decision of sentence] of the defendant has no criminal record of the same kind for the last 20 years, and the vehicle driven by the defendant.

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