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(영문) 대구지방법원 김천지원 2013.12.04 2013고단1241
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

At around 17:00 on August 20, 2012, the Defendant: (a) driven a Brocketing traffic vehicle for business purposes; (b) neglected the Defendant’s duty to accurately handle the steering direction and brake devices, etc. while driving a two-lane back from the Kimcheon-si, Kimcheon-si to Kimcheon-si; (c) caused occupational negligence on the part of the Defendant in the course of driving the vehicle; and (d) cut off from the chilling section to the left side of the Defendant’s moving direction; and (e) stopped the chills in the dry field owned by D, which is adjacent to Kimcheon-si, in excess of the opposite lane; and (e) stopped the stone pole in the dry field.

Ultimately, the Defendant caused the death of the victim E (the age of 82) who was on board the instant cargo tank due to the foregoing occupational negligence, resulting in cerebral cerebralop and cerebral cerebralopia, and caused the death of the victim E (the age of 82) from the Sung-si F Hospital in Changwon-si on March 20, 2013 during the treatment process.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. The police statement concerning G;

1. Records of postal statement to H:

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

1. Application of statutes to a copy of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] for general traffic accidents resulting in death of traffic accidents in the course of the suspension of the execution of the execution of the sentence, the elements for mitigation of punishment [the scope of decision and recommendation in the recommended area]: Reduction area; April to October [the general person] mitigation element; in the case of free persons under any of the subparagraphs, there is no subscription to comprehensive motor vehicle insurance or no record of criminal punishment [the suspension of the execution of execution] Major illegal grounds: The major reasons for death: Non-existence of punishment and general pride who have no record of criminal punishment: Social bond relationship; it is clear that social bond relationship is evident; six months from imprisonment without prison labor; two years from the suspension of the execution of the sentence;

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