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(영문) 대전지방법원 논산지원 2014.04.08 2014고단54

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;

3.

Reasons

Punishment of the crime

On September 28, 2013, at around 10:05, the Defendant: (a) driven a car in the C Costaex and proceeded in front of the E childcare center located in D from the ancient bridge to the cultural village in order to operate the internal operation; (b) was under the occupational negligence of the victim F (ma, 83 years old); and (c) received the front part of the Defendant’s bicycle in the front part of the bicycle.

On November 27, 2013, at around 23:15, the Defendant caused the death of the victim to the pulmonary body and the pulmonary body due to the dysium and cardiopulmonary flaf.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in the actual condition survey report, on-site photo of accident, investigation report (in page 36 of the investigation record), death diagnosis report, and autopsy report, or the application of video-related 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 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: 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): Death [general reasons for the suspension of execution] that is positive: clear social relation, serious reflectivity, and negative effects on the purchase of motor vehicle comprehensive insurance: There is no comprehensive comparison assessment] The main reasons for the suspension of execution and the reasons for general participation as seen earlier, it cannot be said that there is no fault on the part of the victim who proceeded with the edge of the motor vehicle driving direction and the opposite direction of the motor vehicle, but he is able to operate the internal construction.