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(영문) 대전지방법원 논산지원 2013.09.24 2013고단268
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

The Defendant, at around 07:00 on May 11, 2013, driven the B Poter Cargo, and proceeded to the B B B Poter from the 3rd village hall located in the Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (Nam, 52-year-ri).

As a result, the Defendant caused the death of the victim by a mardomination around 07:58 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, accident scene photograph, body autopsy report, and photograph of the deceased, 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 (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, 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 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 (major reasons for the suspension of execution): Non-compliance with punishment, and negative results that there is no record of criminal punishment: Death [general reasons for the suspension of execution] positive: Dominant reflective reflection, negative effects on the purchase of comprehensive motor vehicle insurance: [comprehensive comparison evaluation] comprehensive consideration of the main reasons for the suspension of execution as seen earlier, reasons for general reference, and all the circumstances shown in the arguments of this case, the suspension of the execution of imprisonment without prison labor accompanied by probation and community service order, such as

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