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(영문) 전주지방법원 2015.08.18 2015고단743

교통사고처리특례법위반

Text

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

However, 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

around 08:19 on April 28, 2015, the Defendant: (a) driven a Drocketing car and proceeded with an industrial road located in the front west-gun of the front west-gun of the front west-gun to the front west-gun of the front west-gun of the front west-gun; (b) as such, red fladation, etc. has been on the front side of the front west-gun; (c) it is necessary to temporarily stop prior to entering the intersection and check out whether there are other vehicles entering the intersection; and (d) it is necessary to temporarily stop the intersection before entering the intersection; and (d) by negligence going through without temporarily stop without performing his/her duty to stop, and (e) the victim E (74 years old) driving 100 Daba 100 on the right side of the said vehicle and caused the victim E to suffer injury, such as a closed fladder, including 3 fladys, which requires approximately 6 weeks treatment; and (e) the victim (e) 70 years old DaJ.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report and a traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentencing guidelines of the Supreme Court sentencing committee are not applicable to cases where a reciprocal concurrent relationship is established between violations of the Act on Special Cases Concerning the Settlement of Traffic Accidents based on the reasoning of sentencing in Article 62-2 of the Criminal Act.

The scope of recommendations that apply the sentencing guidelines to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Occupational Death.