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(영문) 전주지방법원 군산지원 2014.10.01 2014고단821

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

except 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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A corpse inspection report and a diagnosis report;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is very heavy for the defendant to cause a traffic accident by gross negligence and causing the death, etc. of victims. However, the punishment is determined as ordered by the order, comprehensively taking into account various sentencing conditions that are favorable to the defendant, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., such as the fact that the defendant committed a traffic accident by gross negligence and thus causing the death, etc. of victims. However, the defendant's awareness of and reflects the criminal conduct, the victims and their bereaved family members do not have the punishment for the defendant, the defendant does not have criminal records exceeding the fine, and the defendant has been making efforts to recover damage even though the defendant was in an economic form that is difficult