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(영문) 대전지방법원 논산지원 2014.10.14 2014고단347
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 April 24, 2014, at around 04:50, the Defendant driven a B-ro taxi and proceeded with the second line road in front of the new apartment located in Seosan-si, Seosan-si.

At the time, the driver had a duty of care to prevent accidents by reducing speed and driving safely by checking the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and was negligent, and the part on the right side of the victim C (Nam, 73 years old) driving to turn to the left from the surface of the dry University at the port of the Goyang University. The Defendant received the back side of the victim C (the 73 years old) driving in front of the taxi left of the Defendant.

As a result, the Defendant caused the death of the victim due to cerebral cerebral cerebral tymosis around 13:15 on April 26, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Each description of the actual condition survey report, each photograph, death certificate, and comprehensive traffic accident analysis 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 applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 2 (Recommendation Death of Traffic Accidents) (Scope of Recommendation] Special Mitigation Zone: Imprisonment without prison labor for not less than two months from February to October: there is no reasonable fault by the victim, no penalty surcharge surcharge / No special aggravation factor:

3. Determination of sentence: Six months of imprisonment without prison labor;

4. Whether to suspend the execution: 2 years of the suspension of the execution (major reasons for the suspension): substantial negligence of the victim, as well as negative negative results of punishment: Death [general reasons for the suspension]; a serious reflect;

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