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(영문) 의정부지방법원 2013.07.16 2013고단1428
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 became final and conclusive.

Reasons

Punishment of the crime

Around 08:15 on April 22, 2013, the Defendant, while driving a Cbeer or a car and driving it in the direction of the Gun along with a single lane prior to the 119 safety center in addition to the epocheon-si, the Defendant failed to discover the victim DNA (55 years old) who, due to occupational negligence, crosses the road to the right side from the left side of the road at the front of the epoch-si, while driving it without discovering the victim's DNA (5 years old). On April 22, 2013, the Defendant got the victim out of the floor with the fences, front glass part of the said vehicle, and got the victim out of the floor. On April 22, 2013, the Defendant caused the death of the victim at G Hospital located in the medical corporation located in the Sincheon-si, Sincheon-si, the medical corporation located in the epocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to a copy of a death certificate or a copy of autopsy report;

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. Scope of sentencing on the grounds of sentencing under Article 62 (1) of the Criminal Act: The scope of final sentencing recommended by sentencing guidelines from January to October 5: From February of the imprisonment without prison labor to October of the year: where the victims are at considerable fault in the occurrence of traffic accidents or the expansion of damage due to the occurrence of traffic accidents, in the case where the victims are at risk of causing the death of a traffic accident in general traffic accident (special sentencing: the scope of recommending punishment); where the victims are at risk of considerable fault in the occurrence of traffic accidents or the expansion of damage, it shall not be subject to punishment [the scope of recommending punishment] where special mitigation (from February to October): 199; whether there is a recommendation of the suspension of sentence by the sentencing guidelines for the purchase of comprehensive motor vehicle insurance [the main reasons for recommending the suspension of sentence by the sentencing guidelines] positive reasons: Where the victims are at considerable fault in the occurrence of traffic accidents or the expansion of damage; where the death occurs [the reason for general participation].

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