logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2014.06.10 2014고단129
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 February 22, 2014, at around 20:10, the Defendant driven BM5 car and proceeded with two-lanes of the third-lane road located in the Chang-dong, Seosan-si, Seosan-si, through two-lanes of the 3rd-lane road in Seosan-do.

At night, the driver of a motor vehicle had a duty of care to reduce speed and safely drive the right and the right and the right of the motor vehicle and the right and the right of the motor vehicle and the duty of care to prevent the accident, but the defendant was negligent in doing so, and the defendant was the victim C (ma, 53 years old) who was crossing the motor vehicle without permission on the right and right from the left side of the marina road.

As a result, the Defendant caused the death of the victim by blood transfusion at around 08:29 on February 27, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, accident scene photograph, and death diagnosis 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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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 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, negative negative results of punishment: Death [general reasons for the suspension of execution]: clear social relation, serious reflectivity, and negative effects on the purchase of comprehensive motor vehicle insurance: [comprehensive comparison and evaluation] above, the main reasons for the suspension of execution, the reasons for general reference, and all the circumstances shown in the arguments in this case, shall be considered as a whole, and probation, such as the order, shall be accompanied by imprisonment without prison labor within the scope of the recommended sentence

arrow