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(영문) 대전지방법원 논산지원 2013.11.12 2013고단324
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 two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On July 5, 2013, at around 17:20, the Defendant operated B Poter cargo vehicles, and came to turn to the left from the 23th page of the access road road road road road at the 23th e.g., e., e., e., e., e., e., B.

Since there are no signals, it is an intersection where a traffic signal, etc. is installed, in such a case, a driver confirms whether a vehicle enters the intersection by reducing the speed prior to the intersection or temporarily stopping the intersection, and has a duty of care to safely prevent an accident by safely entering the intersection, and the Defendant neglected this and neglected his/her duty to safely enter the intersection, thereby leading the road to the "Yang-ri Agricultural Cooperative" from the "Mang-ri" side, while driving the road to the "Yang-dong Agricultural Cooperative," the Defendant was unable to find the bicycles of the victim C (n, 73 years old) who gets the victim's bicycle on the left side of the cargo vehicle of the Defendant.

As a result, the Defendant caused the death of the victim due to the removal of head around 18:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the actual condition survey report, each photograph, and body autopsy 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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, 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 to suspend the execution: Two years of the suspension of the execution (the main reasons for the suspension of the execution): Non-compliance with the punishment, and negative results that there is no record of criminal punishment: Death (the general reasons for the suspension of the execution): obvious social relation, serious reflects, and the defendant.

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