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(영문) 대전지방법원 논산지원 2014.05.13 2014고단93
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

At around 13:00 on December 23, 2013, the Defendant: (a) driven A. C. 125C. on the left-hand side of the victim D (the age of 86) crossing the road from the right-hand side of the course of the course of the course of the course of the course of the course of the course of the operation of the road in front of the C. C. C. 125C., which is located in E.S., E., E., E., E., E.S., E., E., E., E., E.S., the Defendant, while driving the road in front of E.S. P., E., E., U.S., in

On December 26, 2013, the Defendant caused the death of the victim at brain training expenses due to a sudden tension rise around 01:50 on December 26, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes to descriptions or images of a survey report, on-site photograph, death certificate, investigation report (accident site, etc.);

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, 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 [main reasons for the suspension of execution]: Partial negligence of the victim, the negative result of the death [general reasons for the suspension of execution]: positive reflection: The defendant has no aged negative (comprehensive comparison and evaluation]; comprehensive consideration of the main reasons for the suspension of execution as seen earlier, the reasons for general reference, and all the circumstances shown in the arguments in this case, the suspension of the execution of imprisonment without prison labor within the scope of recommendation shall be sentenced, such as the order,

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