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(영문) 대전지방법원 논산지원 2014.05.09 2014고단84
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;

Reasons

Punishment of the crime

On December 3, 2013, at around 15:30 on December 15:3, 2013, the Defendant, while driving a Cm connection freight vehicle and driving two-lanes of the 23th national road, which is in the two-lanes of Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad-si, Mad

As a result, the Defendant caused the death of the victim due to damage to the scarcity scarcity around 19:05 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer on F;

1. Application of the actual condition survey report, accident site photographs, autopsy report, and death diagnosis report, respectively, or the application of 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 (the main reasons for the suspension of execution): Death [the reasons for the suspension of execution] positive: the possibility that the detention of the defendant is accompanied by an excessive difficulty to his dependants, and that there is no negative effect on the defendant's subscription to the comprehensive motor vehicle insurance: (comprehensive comparison evaluation] considering all the circumstances revealed in the arguments, including the major reasons for the suspension of execution and the general reasons for the occurrence of injury caused by the instant traffic accident, the suspension of the execution of imprisonment without prison labor as ordered, within the scope of the recommended sentence, by comprehensively taking into account all the circumstances revealed in the arguments, such as the fact that the defendant was

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