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(영문) 의정부지방법원 2013.05.31 2013고단748
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On February 7, 2013, the Defendant driven the above car on February 21, 2013, and proceeded with the road located 110-8 of the fishery fishery 110-8 in Suwon-dong-dong-dong-dong-si at a speed of about 50 kilometers per hour from the 1st bank of fishery to the external bank of the air.

At the time, there was a duty of care to prevent accidents by reducing speed and thoroughly giving a prior warning to the driver of a motor vehicle, because the driver of a motor vehicle was at night and there was no street lights around the motor vehicle.

Nevertheless, the Defendant neglected to do so at a rapid speed as above and neglected to do so, but instead neglected to do so on the road due to negligence in the course of the business, the victim C (hereinafter referred to as 44 years old) who was living on the road due to negligence in the course of the business, was assigned to the front wheels part of the said car, and caused the said victim to die of diversified damage at the site.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes governing appraisal and inquiry;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Scope of sentencing on the grounds of sentencing under Article 62 (1) of the Criminal Act: The scope of final sentencing recommended by sentencing guidelines from January to October 5: The types of imprisonment without prison labor for the period from February to October; and the types of death of traffic accidents in general traffic accident standards among traffic crime groups; where there is no penalty: where there is considerable fault for the victim; and where there is substantial negligence for the victim (the scope of recommending punishment from February to October): the mitigation area (the scope of recommending punishment): the mitigation area (the scope of imprisonment without prison labor for the period from February to October): Whether there is no recommendation of suspension of execution based on the sentencing guidelines with which there is no history of criminal punishment; whether there is positive reason; whether there is a recommendation of suspension of execution based on the comprehensive motor vehicle insurance; whether there is no history of criminal punishment; negative reason for the victim;

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