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(영문) 대전지방법원 논산지원 2013.05.14 2013고단20
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 one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who drives B cargo vehicles.

On February 26, 2012, the Defendant driven the above cargo vehicle at around 06:04, and proceeded with the two-lanes in the vicinity of the gold integrated steel products in front of the gold comprehensive steel products in the school of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the road of the

On October 30 of the same year, the Defendant caused the death of the victim due to cardiopulmonary suspension due to cardiopulmonary equipment costs, high blood pressures, etc. after the surgery of frighting 01:50 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statute to entries in the actual condition survey report and death diagnosis 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. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 2 (Recommendation Death of Traffic Accidents) (Scope of Recommendation] Special Mitigation Zone: Imprisonment without prison labor for not less than two months from February to October: there is no reasonable fault by the victim, no penalty surcharge surcharge / No special aggravation factor:

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

4. Whether or not the suspension of execution is positive for one year (major reasons for the suspension of execution): The major reasons for the suspension of execution are as follows: The victim's considerable negligence, the negative results of punishment: Death [general reasons for the suspension of execution]: There is no criminal record of serious reflection, or more than the suspension of execution, and there is no negative effect on the purchase of comprehensive motor vehicle insurance: (comprehensive comparative assessment)

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