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(영문) 대전지방법원 2014.07.25 2014고단1986

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 March 18, 2014, at around 16:25, the Defendant driven a D car, and proceeded at a speed of about 58 km from the shooting distance to the parallel of the Han field training center by using four-lanes from the intersection of the Han field training center. At that place, the Defendant confirmed whether there was a person driving the way to reduce speed and to see the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to drive a bicycle in accordance with the new subparagraph was neglected, and caused the death of the victim E (the age of 40) crossing the bicycle to the right and right and right part of the front and right glass portion of the car to the right and caused the death of the victim due to brain damage from the site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 2), Basic Field, Basic Field of imprisonment without prison labor for 10 months from August to June (Pronouncement Decision], the imprisonment without prison labor for 2 years from the suspension of execution, the primary crime for 2 years from the beginning of the suspended sentence, the motor vehicle comprehensive insurance, the driver's license for a penalty, the serious reflectness, and the social relation clear in week, and the attacking the victim on the crosswalk, and it is inevitable to punish the victim by imprisonment without prison labor, as long as the result of his/her death is serious;