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(영문) 대전지방법원 논산지원 2013.10.22 2013고단280
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 March 18, 2013, at around 21:56, the Defendant, while driving a B tank freight vehicle and driving a bus stop in front of the bus stop in front of the bus stop that is located in the eroding at the eroding of the city at the eroding of the city, he received the victim C (W, 58 years old) who was crossing the left-hand side from the right-hand side of the course of the course, due to occupational negligence, which did not properly see the front side and the right-hand side and does not accurately manipulate the steering system, etc. of the vehicle.

As a result, the Defendant caused the death of the victim to a long-term multi-slock, around 22:21 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in the actual condition survey report, on-site photographs, body autopsy report, and postmortem examination 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 (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 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 two years (major reasons for the suspension of execution): substantial negligence of the victim, the negative 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 automobile comprehensive insurance: [comprehensive comparison evaluation] above, the main reasons for the main commitment, reasons for general reference, and all the circumstances shown in the arguments in this case, such as probation and community service order within the scope of the recommendation sentence, shall be suspended of execution of imprisonment without prison labor accompanied by

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