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(영문) 대전지방법원 논산지원 2014.11.14 2014고단369
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;

3.

Reasons

Punishment of the crime

around 1:20 on August 6, 2014, the Defendant driven a B-learning car, and proceeded with the front part of the Defendant’s vehicle vehicle, the front part of the victim C (the 76-year-old age) crossing the right from the left side of the Defendant’s course, without accurately manipulating the steering system, operation system, etc., while driving the road along the front side of the “Gungngngngngngngngngng-gu, Seoul Special Metropolitan City, which is located in the Hansan-gu Seoul Special Metropolitan City, by driving the B-learning car, and driving the road from the right side of the Defendant’s course.

As a result, the Defendant caused the death of the victim by means of the pulmatic shock, acute shock, etc. around 19:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of the actual condition survey report, accident site photograph, and death diagnosis report, 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. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Sentencing sentencing criteria [Determination of type] General traffic accident Type 2 (Prohibition of Death of Traffic Accidents): Special mitigation area: Imprisonment without prison labor for 2 months to 10 months: considerable negligence on the part of the victim, non-conformity with punishment/special aggravation factors: 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 two years [main reasons for the suspension of execution]: The death [general reasons for the suspension of execution] shall be positive: clear social relation, serious reflectivity, negative side effects on the purchase of motor vehicle comprehensive insurance: It shall be ordered within the scope of the recommendation, comprehensively taking into account the main reasons for the suspension of execution, general participation reasons, and all the circumstances shown in the arguments.

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