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(영문) 대전지방법원 2016.04.20 2015고단4120
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 03:55 on September 25, 2015, the Defendant driven a Breck car, which was driven by Creck, along the five-lane road near the original apartment as the World Cup in Daejeon Sung-gu World Cup, along three-lanes around the four-lanes of the Neck-gu World Cup, from the four-lanes of the Necong-gu World Cup, the Defendant is proceeding at a speed of about 60km/h/h of the restricted speed of 60km/h above Si speed of about 95km at Si speed, due to negligence that did not show the front side, and without permission, cross the above road from the right side of the Defendant’s running direction to the right side of the Defendant’s driving direction, resulting in the Defendant’s death by two-frames, etc. on the spot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs and death records;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of recommended punishment [the scope of recommended punishment] and the area of special mitigation (the period from April to October) (the special mitigation person] (the victim is not subject to punishment where he/she commits considerable negligence in causing traffic accidents or expanding damage;

2. The fact that a serious result of the death of a victim of the crime of this case committed by the defendant who has been sentenced to a sentence has occurred, and that a person who has sustained damage while driving a motor vehicle in excess of the speed limit by negligence is small;

The fact that it cannot be done is an unfavorable circumstance.

However, it appears that the accident of this case occurred while the victim is crossing without permission that there is considerable negligence on the occurrence of the traffic accident even to the victim, there is no criminal charge against the defendant, the vehicle of the defendant is covered by the comprehensive insurance, and the victim's bereaved family members and the victim's bereaved family members.

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