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(영문) 대구지방법원 2013.12.19 2013고단6218
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving a C-wing cargo vehicle.

On June 14, 2013, the Defendant driving the above cargo vehicle around 21:50, and proceeding about 50km each speed from the front side of the light livestock feed, which is located in the technical concentrates of Geumcheon-si, Geumcheon-si, Kucheon-si, to the intersection of the coolingcheon-si at the speed of about 50km each other.

The lanes have changed to two lanes.

A person engaged in driving of a motor vehicle has a duty of care to change the vehicle line by taking into account the traffic conditions of the front and rear left, when changing the vehicle line.

Nevertheless, the defendant neglected this and caused the collision between the two lanes and the two lanes, which the victim D(24 years old) driving along the two lanes in the same direction in the same direction, and the front part of the Oraltoba, which is driven by the victim D(24 years old), to the right side of the cargo of the defendant.

Ultimately, at around 13:26 on June 15, 2013, the Defendant caused the death of the victim from the foregoing occupational negligence to the brain functional department at the F Hospital located in Daegu-gu E.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The punishment as set forth in the text shall be determined in consideration of the following: (a) although the instant accident with the reason for sentencing under Article 62(1) of the Criminal Act resulted in a serious consequence of the death of the victim; (b) however, the Defendant’s mistake is against the victim; (c) the bereaved family members and the bereaved family members and the Defendant’s driver’s vehicle are covered by the

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