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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1261
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 4, 2013, 09:40, the Defendant driven a B Lone Star Co., Ltd. by business, and proceeded to the above-mentioned side of the road near the broom village intersection in the luminous area from the side of Kimcheon-si to the above-mentioned side. In order to neglect the duty of Jeoncheon-si and pass over, the Defendant was found to have been in front of the right side of the Plaintiff C (72 years old) driver’s c (the driver), who was trying to turn to the left to the left at the front of the said rupture by negligence in the course of duty while driving the rupture with the central line in order to neglect the duty of Jeoncheon-si and to pass over.

Ultimately, the Defendant caused the death of the victim due to serious brain injury in the E Hospital Emergency room located in Kimcheon-si, Kimcheon-si, where the victim was under medical treatment at around 10:10 on the same day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of a copy of a documentary evidence attached and a motion picture image of a vehicle);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Determination of Punishment] - Death of traffic accidents in general traffic accidents [Special Convicts] - Reduction element of punishment [Determination of the recommended area] / [Scope of the recommendation area] 4 to 10 months [Article 62-2 of the Criminal Act] - Reduction element of motor vehicle comprehensive insurance / [Article 62-2] - Reduction element of motor vehicle: Implosion, serious reflectness, and no record of criminal punishment [Article 62-2 of the Criminal Act] - Where negative causes of death occur - Major reasons for writing occur - There are no positive grounds for writing - lack of punishment, positive grounds for writing - lack of criminal punishment : Declaration of sentence / [Determination of sentence] 10 months, suspension of execution 2 years, suspension

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