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(영문) 대전지방법원 논산지원 2013.08.13 2013고단156

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 March 29, 2013, at around 12:50, the Defendant driven the B Poter Cargo Vehicles, and led to an intersection of the shooting distance in front of the entrance of the village, which was a 327-ro, Gicheon-ro, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

At the same time, the driver had a duty of care to temporarily stop and slowly and to safely drive the road because he did not control the traffic.

Nevertheless, the Defendant neglected to do so and proceeded with the above intersection as it is, by negligence, received the part on the left-hand side of the Defendant’s driving vehicle’s driving vehicle’s driving on the part of the victim C/T10, which was driven by the victim C (Nam and 64 years old) who took two erogates from the two erogate 1st century.

As a result, the Defendant caused the victim's death at the F Hospital located in Seo-gu, Daejeon on the same day by blood sacrific disorder and low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, accident site photograph, and death diagnosis 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 (Considering Circumstances favorable to the accused among the reasons for sentencing below);

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: One year of the suspension of execution (major reasons for the suspension of execution): Death [general reasons for the suspension of execution] positive: The death (general reasons for the suspension of execution) and the negative effects of the automobile comprehensive insurance.