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(영문) 대전지방법원 논산지원 2013.07.23 2013고단62
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 December 20, 2012, at around 04:40, the Defendant: (a) driven a freight vehicle B, sent a signal on the fourth-lane road in front of the horse distance in Seo-gu, Seo-gu, Daejeon; and (b) proceeded as the first-lane of the above road in accordance with the straight line, the Defendant was due to the occupational negligence of which the Defendant was driving without a good mind on the front side of the vehicle, and was driving the victim C (the 80-year old) who was crossing the vehicle without permission from the left side of the running direction of the vehicle to the right side of the Defendant driving vehicle.

As a result, the defendant had caused the victim's death in the E Hospital located in Daejeon Jung-gu, Daejeon at around 07:57 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, death diagnosis report, and photograph, or the application of statutes on images;

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 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 or not the suspension of execution is positive for one year (major reasons for the suspension of execution): substantial negligence of the victim, negative results of punishment: Death [general reasons for the suspension of execution]: There is no criminal record of serious reflection or more than the suspension of execution, and there is no negative effect on the purchase of comprehensive motor vehicle insurance: (comprehensive comparison evaluation] prior to the main reasons for the suspension of execution, the reasons for general reference, and all the circumstances shown in the arguments in this case, the suspension of the execution of imprisonment without prison labor accompanied by the community service order as ordered within the scope of recommendation

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