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(영문) 대전지방법원 2013.07.05 2013고단1749
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 April 13, 2013, around 18:20, the Defendant driven a Fump truck at the D agency parking lot located in Seo-gu Daejeon Daejeon, according to the direction of the victim E (the age of 43) who is an agency employee, and moved the Fump truck to the direction of the agency in front of the building at the entrance of the parking lot.

At the time, the victim was the victim in the vicinity of the truck of the defendant, and the truck was a model that the body of the vehicle was high so that the view is not well secured, so the driver did not neglect his duty of care to safely drive the front seat and prevent the accident while neglecting his duty of care to prevent the accident, and caused the victim to die on the left side of the truck due to the negligence that the victim was on the front side of the right side of the truck and the victim who was on the front side of the truck due to the shock, was placed with the front side and rear wheels, and caused the victim to die on the right side of the truck.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the traffic accident investigation report and death diagnosis report;

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, 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] 1 to 5 years [Special Convicts] of imprisonment without prison labor ] - mitigated elements (general person who is not subject to punishment] - [Scope of recommending punishment] / Traffic crime group, general traffic accident (accident of traffic accident), mitigated area, April to 10 [whether suspended sentence is suspended] - Major reasons for writing - Where death occurs - Major reasons for writing - which are not subject to punishment - General reasons for writing - which are clear social relation - there is no serious reflectness, there is no criminal records for probation, the defendant's detention is excessive difficulty to his/her dependants, the comprehensive motor vehicle insurance [decision of sentencing] 10 months, the suspension of execution of sentence 2 years, the result of the victim's death in his/her family in the year of death in the year of imprisonment - there is no room for considering that there is a little kind of reason for writing - General reasons for writing - General reasons for writing.

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