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(영문) 대전지방법원 논산지원 2015.01.30 2014고단440
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for ten 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;

Reasons

Punishment of the crime

On July 26, 2014, the Defendant driving a C Freight Vehicle at around 17:05, and driving an agricultural road near the mountain mountain village in the Yasan City, from the 2nd rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith, and

As a result, the Defendant caused the victim's death from his job to a diversified damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Each statement of the actual condition survey report, each photograph, and body autopsy 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, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Basic area of sentencing guidelines [decision of types] Transport Crime Group, General Traffic Accident Type 2 (Recommendation Death, etc. of Traffic Accidents): Imprisonment without prison labor for a period of eight months from August to June: None of special mitigation factors: None of special aggravation factors:

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

4. Whether to suspend the execution or not: A negative reason why there is no criminal punishment: The victim's death (general reason for writing): The victim's death (general reason for writing): clear social relation, serious reflectivity, subscription to the comprehensive motor vehicle insurance, and deposit of 20 million won with the victim's bereaved family as the victim: There is no negative deposit (comprehensive comparison and evaluation) (comprehensive comparison and evaluation). The above main reason for writing as mentioned above, the reason for general participation, and all the circumstances shown in the arguments of this case shall be comprehensively taken into account, and the probation and community service order shall be sentenced to a suspended sentence accompanied by the probation and community service order, such as

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