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(영문) 대전지방법원 논산지원 2014.03.28 2014고단1

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 6, 2013, the Defendant was a victim C (W, 58 years old) who walked on the crosswalk from the right side of the course to the left side of the crosswalk in the crosswalk where signal, etc. is installed while driving the 1st ton B 1 ton of 1st of B and driving the Masan Masan Masan-ro, Masan-ro, Masan-ro, Masan-ro, Masan-ro, Masan-ro, Masan-ro, a vehicle driving on the crosswalk where the signal, etc. is installed, disregarding that the vehicle driving signal is

As a result, the Defendant caused the death of the victim due to the injury to the two wounded 18:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, field photograph, death certificate, and autopsy report, or the application of video-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type II (Crime of Recommendation] Reduction Area: Imprisonment without prison labor for a period of four months from April to October: Unlimited factors of punishment for special mitigation / None of special aggravation factors:

3. Determination of sentence: Eight months of imprisonment without prison labor; and

4. Whether or not the suspension of execution is positive for two years (major reasons for the suspension of execution): There is no negative negative reason for the suspension of execution (general reason for the suspension of execution): The positive reason for the suspension of execution is that there is no serious reflect, there is no criminal record or more than a suspended execution, and the negative reason for the purchase of the comprehensive motor vehicle insurance: The suspension of the execution of imprisonment without prison labor accompanied by the order for probation, community service order or order to attend a lecture, within the scope of the recommended punishment, by comprehensively taking into account the grounds for the main participation before the