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(영문) 대전지방법원 논산지원 2014.03.11 2013고단566
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 September 24, 2013, the Defendant was driving B cargo vehicles around 13:10, and was driving the village located in Cheongdo-dong 3, Cheongdo-dong, Cheongdo-dong, Cheongdo-dong, in the direction of Cheongdo-dong, while driving the road in front of the village located in Cheongdo-dong, Cheongdo-dong, in the direction of Cheongdo-dong, and was driving by occupational negligence of the injured party C (ma, 85 years old) who was driving in Mado-dong as is, and was driving in the direction of Cheongdo-dong.

As a result, the Defendant caused the death of the victim by blood transfusion at around 17:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in the actual condition survey report, photograph, autopsy report, 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. Reasons for sentencing under Article 62-2 of the Criminal Act and 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. 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: Unlimited factors of punishment for special mitigation / None of special aggravation factors:

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

4. Whether or not the suspension of execution is positive for two years [main reasons for the suspension of execution]: Partial negligence of the victim, negative negative results of punishment: Death [general reasons for the suspension of execution]: There is no negative effect that there is no criminal record of more than a serious reflective reason or more than a suspension of execution: (comprehensive comparison evaluation] In addition to the main reasons and reasons for general reference as seen earlier, the defendant has two criminal records of a traffic crime, and the defendant could not be subject to the automobile comprehensive insurance due to a special agreement of family members, such as probation, community service order and order as ordered within the scope of the recommendation sentence, by comprehensively considering all the circumstances revealed in the arguments.

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