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(영문) 대전지방법원 논산지원 2013.08.27 2013고단116

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 one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On February 14, 2013, at around 18:55, the Defendant: (a) driven a Rabsp vehicle with a Rabsp vehicle and proceeded along a road in front of the “Dongbuds,” which is in the Hablsan-dong, from the distance of sexual ethics to the Habsp.; (b) on the part of the Defendant’s driving vehicle, the Defendant was placed in front of the right side of the Defendant’s driving vehicle, where the Defendant was placed in the direction of the opposite in accordance with the said road due to occupational negligence, which does not keep the front side and the left side of the road well.

As a result, the Defendant caused the victim to die in the G Hospital located in F in the 18:59 on the same day, from the G Hospital in the Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer in relation to H;

1. Each statement of the actual condition survey report, each photograph, and body 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. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to five years 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: Six months of imprisonment without prison labor;

4. Whether or not the suspension of execution is positive for one year [main reasons for the suspension of execution]: Partial existence of the victim's negligence, the negative negative result of punishment: Death [general reason for the suspension of execution]: There is no criminal record of a serious reflection, any adverse effect on the purchase of a comprehensive motor vehicle insurance: (comprehensive comparison and evaluation] as seen earlier, the main reasons for the suspension of execution, the reasons for general reference, and all the circumstances shown in the arguments in this case, the suspension of the execution of imprisonment without prison labor accompanied by the community service order, such as the order, shall be