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(영문) 대전지방법원 논산지원 2014.07.08 2014고단170
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 28, 2014, at around 18:50, the Defendant driven B rocketing car and got two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes from the west-gun, Western-gun, the Defendant did not find out the two-lanes of the victim C (Nam, 67 years of age) who is proceeding in the mastheading bank, while driving the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes, and received the part

On March 11, 2014, at around 11:30 on March 11, 2014, the Defendant caused the death of the victim due to brain escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in the actual condition survey report, each photograph, and death diagnosis report, or the application of the 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. 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 (major reasons for the suspension of execution): Death [general reasons for the suspension of execution] positive: There is no clear social relation, serious reflectivity, no less than the suspension of execution, and no adverse effect on the purchase of comprehensive motor vehicle insurance: (comprehensive comparison and evaluation] as a whole taking into account the main reasons for the suspension of execution, the reasons for general reference, and all the circumstances shown in the arguments, as a whole, within the scope of the recommendation sentence, a suspended sentence of imprisonment without prison labor accompanied by probation and community service order shall be imposed.

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