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(영문) 대구지방법원 김천지원 2013.10.02 2013고단930
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 10:20 on June 4, 2013, the Defendant, while driving the 5th line road in front of the scambro-dong, in order to drive the scambex vehicle on the left side of the Defendant vehicle and driving the 5th line on the scambro-dong, in order to drive the scambro-dong road from the scambro-cam library to the scambro-distance distance. In such a case, the Defendant is not likely to obstruct the passage of the vehicle by properly examining whether there are other vehicles, etc. in the way the Defendant wishes to change, and even if there was a duty of care to accurately operate the steering direction and brake system and prevent the occurrence of the accident, due to the negligence of operating the 4th way of the vehicle in front of the victim C (58 years old) driving the front part of the vehicle in front of the left side of the Defendant vehicle and caused the victim to fall from the 15th of the vehicle in front of the 19:0 on March 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A report on the occurrence of each traffic accident and a actual survey report;

1. Application of Acts and subordinate statutes 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 for the suspension of execution [decision of a sentence] traffic accident [special sentencing]: In a case where there is substantial negligence on the occurrence of traffic accident or the expansion of damage even for the victim, a non-prosecution of punishment [limited to a decision and a recommendation range] special mitigation range, February-10 [general sentencing factors]. In a case falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Aggravation of Motor Vehicle Insurance: In a case where the victim falls under the proviso of Article 3(2) of the Act on Special Cases concerning the Aggravation of Motor Vehicle Insurance, it shall be deemed that the victim has committed the same criminal

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