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(영문) 의정부지방법원 2018.05.30 2018고단1393
교통사고처리특례법위반(치사)
Text

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment for one year.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

(b)the transmission of the results of analysis (department - 4008).

1. Application of the Acts and subordinate statutes for the storage of black boxes and video images;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

(b) Defendant B: Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54(1) of the Road Traffic Act (unnecessary Measures after Accidents)

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of imprisonment without prison labor for Defendant A and imprisonment for Defendant B

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B: Reasons for sentencing under Article 62-2 of the Criminal Code [the scope of recommendation according to the sentencing guidelines of the Supreme Court] * Defendant A: The special mitigation area (where the victim is at considerable negligence in the occurrence of traffic accidents or the expansion of damage, punishment is not imposed and imprisonment without prison labor is not imposed, two months or one year) * Other crimes in the commercial competition relationship between Defendant B, in principle, are excluded from the application of sentencing guidelines, but the scope of recommendation punishment corresponding to a single crime is considered.

In the case of traffic crime group, the reduction area (not punishable, 6 months to 1 year) (the decision of sentence) (the decision of sentence) of the mitigated area after traffic accident * Defendant A caused the result that the victim is unable to take care of due to Defendant’s negligence.

However, when the victim leads the bicycle at night according to one lane of the road in which the victim has a central separation cost, the accident appears to have a significant impact on the victim's negligence in the occurrence of the accident and the expansion of damage, and the victim's bereaved family representatives agree with the victim's bereaved family representatives to punish the defendant, and the defendant is the first offender who has no criminal history.

* Defendant B: the Defendant is a similar crime, namely, a crime of violation of the Road Traffic Act.

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