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(영문) 서울중앙지방법원 2013.10.18 2013고단4671
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:47 on June 17, 2013, the Defendant was driving a CSS7 car, and the Defendant was driving at a speed of about 60 km at the speed of 50 km in accordance with the speed of 20 km from the right side of the said road at the time of night to the right side of the road from the right side of the luminous intersection, Jung-gu Seoul, Jung-gu, Seoul. Around 03:47, the Defendant was trying to find out the victim D (72 years and (n) who was driving without permission on the right side of the right side of the moving direction to prevent the accident by safely examining the front side and the left side of the road at night, and caused the victim to suffer a shock in the front side of the vehicle driven by the Defendant, thereby getting the victim to suffer the death on June 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Statement of a written diagnosis of death;

1. Application of the Acts and subordinate statutes entering into the report on occurrence of traffic accidents and the actual survey report;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of the recommended sentence for the sentencing guidelines / [type] the scope of the recommended sentence for the sentencing guidelines / [type / [type 2] traffic crime group, general traffic accidents, and death of traffic accidents (type 2): In cases where there is considerable negligence on the occurrence of traffic accidents even to a person who is not subject to punishment and the victim [the scope of the recommended sentence] February of imprisonment without prison labor / October (in cases where two special mitigation exist, the lowest limit of the sentence shall be mitigated

2. The defendant's disadvantage is that the serious result of the victim's death has occurred due to the traffic accident of this case, the sentence of sentence, and the defendant.

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