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(영문) 대전지방법원 2014.09.19 2014고단2681

교통사고처리특례법위반

Text

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

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

On June 28, 2014, at around 08:15, the Defendant driven a truck of 3:5 tons C Haco 4.5 tons, and led to the death of the victim D(72 years of age) who was seated in front of the building of the Shari-si Factory in Sejong Special Self-Governing City due to damage to the weight of the vehicle after the hospital around 09:00 on the same day, by neglecting the duty of care to prevent the accident by accurately operating the steering and steering devices well, and neglecting the duty of care to prevent the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Taking into account the following factors: Traffic crime group, general traffic accident (type 2), mitigation area, imprisonment without prison labor for 8 months from April to October (Pronouncement of sentence], the suspension of execution of 2 years and imprisonment for 2 years, and the fact that there are no other criminal records of criminal punishment other than each of the fines, such as purchase of comprehensive automobile insurance, victim's non-existence of punishment, serious reflectivity on the victim, and social ties clearly