beta
(영문) 대전지방법원 논산지원 2014.12.16 2014고단417

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for six 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 July 11, 2014, the Defendant driven a low scar in B, around 17:25, and led to a fire station in the area of the second parallel road in front of the 106th parallel parallel road of the scam scam apartment shop in the middle parallel of the 106th parallel parallel road.

Since there are crosswalks where signal lights are installed on the front door, the driver had a duty of care to prevent accidents by reducing speed and safely driving the front door and the left and right well.

Nevertheless, the Defendant neglected to do so and proceeded without permission, and the Defendant received C (Nam, 8 years old) from the left side of the Roman road to the right side of the said passenger vehicle.

As a result, the Defendant caused the death of the victim at low-weight shocks caused by cerebral cerebral typosis around 07:21 on July 15, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of the actual condition survey report, each photograph, death certificate, and comprehensive traffic accident analysis 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 2 (Recommendation Death of Traffic Accidents) (Scope of Recommendation] Special Mitigation Zone: Imprisonment without prison labor for not less than two months from February to October: there is no reasonable fault of the victim, or special aggravation factors of no punishment:

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

4. Whether or not the suspension of execution is positive for two years (major reasons for the suspension of execution): The victim's death (general reasons for the suspension of execution): The victim's death (general reasons for the suspension of execution): clear social relation, serious reflectivity, and negative insurance coverage for automobiles: it is found that there is no negative assessment (comprehensive comparison and assessment).