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(영문) 의정부지방법원 2013.04.23 2013고단478

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant is a person engaging in driving CM5 vehicle. The Defendant was driving the CM5 vehicle at a speed of about 80 km in speed, depending on the speed of 80 km between the two-lanes at two-lanes at two-lanes at two-lanes at two-lanes at two-lanes at two-lanes at two-lanes at two-lanes at two-ways at two-ways at two-ways at two-ways. At that time, the vehicle driver was at night, which was obliged to prevent the accident due to his duty of care by properly examining the right and the right and the right and the right and the right and the right and the right and interest of the vehicle, but the vehicle driver did not neglect this and did not discover E (52 years) without permission due to occupational negligence between driving, and caused the death of the victim on the road by shocking the body part of the victim's front part of the driver's vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A written autopsy (E);

1. Application of Acts and subordinate statutes on accident site and death or death body photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Scope of the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") of the suspended sentence: The scope of the final sentence recommended by the sentencing guidelines from January to October by imprisonment without prison labor: From February to October by the credit cooperative: [the type of crime] the type of traffic accident resulting [no aggravated factors] of the standards for general traffic accidents among traffic crimes group [no aggravated factors: the victim shall also be punished by gross negligence due to the occurrence of traffic accidents or the expansion of damage: the scope of the recommended sentence] Special mitigation (including serious efforts for recovery of damage) [the scope of the recommended sentence] where there are no aggravated factors of the general sentencing in the sentencing guidelines: Whether the suspended sentence is recommended by the serious half-yearly sentencing guidelines [the main reasons for deliberation]; the victim shall also have positive reasons for the occurrence or damage of traffic accidents.