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(영문) 의정부지방법원 2013.05.24 2013고단840
교통사고처리특례법위반
Text

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

However, 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

The defendant is a person who is engaged in driving a Bran vehicle.

Around 20:30 on February 25, 2013, the Defendant, at the time of Mancheon-si, driven the above-mentioned Dobridge on the bridge located in the well-interest interest rate and proceeded in the direction of the old-do golf course on the side of the Go-do Private Road. As at the time of night, it was difficult for the Defendant to drive a road at night, and thus, the driver engaged in driving service had a duty of care to check the right and the right and the right and the right and the right and the right and duty of care to proceed.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The victim C (A, 53 years old) who was walking on the right side of the proceeding direction was shocked by the front part of the above string, and became up to the road.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence, such as a multi-sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Scope of sentences for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of final sentences recommended by sentencing guidelines from January to October 5: The types of imprisonment without prison labor for the period from April to October; and the types of death of traffic accidents in general traffic accident standards among traffic crime groups; None of increased factors: Reduction factors [the scope of recommending punishment] [no increased factors: Reduction factors in the sentencing guidelines in the area of mitigation [the scope of recommending punishment from April to October] (the scope of recommending punishment] mitigated area (the period from April to October): No increased factors: Recommendations of suspension of execution based on the sentencing guidelines for automobile comprehensive insurance: Whether there is a serious reflect, whether to recommend suspension of execution based on the sentencing guidelines for automobile comprehensive insurance [the main reasons for explanation]: Where death occurs (the reason for general fraud]: There is no positive reason: The serious reflect, the suspension of execution; and there is no previous conviction or more.

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