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(영문) 대전지방법원 논산지원 2014.03.04 2013고단552

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

On October 18:20 on October 10, 2013, the Defendant: (a) driven a cab B while driving the home fracker road in front of the home fracker in front of the Simsan-si on the right side of the new village distance, and without checking whether there is a pedestrian without temporarily stopping in front of the crosswalk; (b) by negligence in the course of business, the Defendant got the victim C (V, 23 years old) who opened the road along the right side of the mawal direction by using the crosswalk, without properly checking whether there is a pedestrian.

On October 11, 2013, the Defendant caused the death of the victim due to cerebral cerebral cerebral dye and dyemic dye-long-term dyetion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in the actual condition survey report, on-site photograph of accident, death diagnosis report, 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: Ten months of imprisonment without prison labor;

4. Whether or not the suspension of execution is positive for two years (the main reasons for the suspension of execution): Death [the reason for the suspension of execution] positive: The death [the reason for the death in general): the detention of the defendant requires excessive difficulty to his dependants; the negative effect of obtaining an automobile comprehensive insurance policy: The main reason for the suspension of execution and the reason for the general participation as seen earlier for the traffic accident at the crosswalk [comprehensive comparison assessment]; the defendant committed a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (the reason for the suspension of execution) for ten months.