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(영문) 대전지방법원 논산지원 2013.06.04 2013고단35
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for eight 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 January 8, 2013, at around 18:20, the Defendant driven the B Poter Cargo Vehicles and proceeded to the front side of the Defendant’s driving vehicle in the front of the “nurging season” in the middle of the two-lane 346-lane 346, the front side of the “nurging season”. At that time, the Defendant was in the front part of the Defendant’s driving vehicle, by negligence in the course of business, without looking at the front side and the left side, while a crosswalk without signal, is installed, and the Defendant was in the front part of the Defendant’s driving vehicle.

As a result, the Defendant caused the victim to die on January 8, 2013 at around 20:16.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to D and E;

1. Application of each Act and subordinate statute to writing a report on actual condition and a written investigation of dead bodies;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act;

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: Eight months of imprisonment without prison labor; and

4. Whether or not the suspension of execution is positive for two years (major reasons for the suspension of execution): Death [general reasons for the suspension of execution] positive: The defendant's old age, negative results of joining the comprehensive motor vehicle insurance: The suspension of the execution of imprisonment without prison labor accompanied by the community service order, such as the order, shall be sentenced within the scope of the recommendation, by comprehensively taking into account the following circumstances as a whole: serious reflective behavior, the defendant's age, and the traffic accident at the crosswalk [comprehensive comparison assessment] as seen earlier, and all the circumstances

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