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(영문) 대전지방법원 논산지원 2013.08.30 2013고단109
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 February 10, 2013, the Defendant driven a B Sckn car on February 19:25, 2013, while driving a road in front of the new interesting third-party road at both sides of the mountain village in the direction of a mountain village at both sides, the Defendant received the victim C (n, 65 years old) who was going on the right side of the vehicle driven by the Defendant as the front side of the vehicle driven by the Defendant, without accurately operating the steering system, steering system, etc. of the vehicle without looking at the front side and the left side, and without accurately manipulating the steering system, etc. of the vehicle.

On February 10, 2013, the Defendant caused the death of the victim, such as double alleys, around 20:51.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of a death diagnosis report, such as a fact-finding survey report and field photograph, 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, 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 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 the suspension of execution is positive for 2 years (main reasons for the suspension of execution): The suspension of execution accompanied by the community service order, such as the order, within the scope of recommendation, by comprehensively taking into account all the circumstances revealed in the arguments of this case, such as the existence of a part of the victim's negligence, the negative result of the death [general reasons for the suspension of execution]: The negative result of the victim's death, the negative result of the defendant's subscription to the comprehensive automobile insurance: (comprehensive comparison and evaluation] as seen earlier, and the fact that the defendant has been guilty for more than one time in addition

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