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(영문) 대전지방법원 논산지원 2014.12.02 2014고단348
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant: (a) driven a rocketing car around 10:00, and (b) driven by the Defendant, at the 50th parallel of the second line road of the 50th parallel line in front of the Hasking-gun-gun-gun-gun-gun, and proceeded as it is, due to the Defendant’s occupational negligence, while driving a bicycle going to the right side of the Masking-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (ma, 74 years old-ri-ri-ri)

On July 7, 2014, the Defendant, at around 07:40 on July 7, 201, suffered death while being treated as a climatic poppy.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each entry or video of the actual condition survey report, photograph, diagnosis report, death diagnosis report, and autopsy report;

1. Application of video Acts and subordinate statutes of black boxes and video CDs;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection 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: considerable negligence of a victim or special aggravation factors: No special aggravation factor:

3. Determination of sentence: Ten months of imprisonment without prison labor;

4. Whether a suspended sentence is positive: The sentence of imprisonment without prison labor shall be imposed within the scope of the recommended sentence, comprehensively taking into account the following: The sentence of imprisonment without prison labor shall be imposed within the scope of the recommended sentence, comprehensively taking into account: (a) the victim’s death (general reasons for writing): there is no criminal record of the suspended sentence; (b) the negative damage to the victim of the comprehensive motor vehicle insurance is not recovered; (c) the major reasons for writing and the general reason for writing as seen earlier are not serious (comprehensive comparison and assessment); and (d) the victim asserts that he/she would face a certain amount of crime even though his/her own

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