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(영문) 대전지방법원 논산지원 2013.09.10 2013고단228
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for ten 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;

Reasons

Punishment of the crime

At around 12:00 on May 17, 2013, the Defendant did not accurately manipulate the steering gear, steering gear, etc. at the workplace of a sub-factory with no trade name in Chungcheongnam-gun, Chungcheongnam-gun, and did not accurately manipulate the steering gear, etc. in the future, the Defendant did not discover the victim D (ma, 62 years old) who was performing repair work on the rear side of the Defendant’s driving vehicle, and did not find out the victim D (ma, 62 years old) who was carrying the vehicle behind the Defendant’s driving vehicle.

The defendant caused the death of the victim on May 17, 2013, such as an exposure show show around 12:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, accident site photograph, body autopsy report, and photograph of the deceased, 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 (Considering Circumstances favorable to the accused among the reasons for sentencing below);

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: Ten months of imprisonment without prison labor;

4. Whether or not the suspension of execution is positive for two years [main reasons for the suspension of execution]: The death [general reasons for the suspension of execution] positive: The death [general reasons for the suspension of execution] negative: There is no comprehensive comparison evaluation] In addition to the main reasons for the suspension of execution and the reasons for general participation, the defendant has been sentenced to probation and community service order as ordered within the scope of recommendation, by comprehensively taking into account all the circumstances revealed in the arguments of this case, including the fact that the defendant has been sentenced to suspended execution or more than once for the same crime.

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