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(영문) 대전지방법원 논산지원 2014.11.04 2014고단376
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

On July 7, 2014, the Defendant driven a B Atop car on July 18:40, and proceeded with the first line of the road in front of the Dong History distance, which is located in the third drawing of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.

Since there was an intersection that does not regulate traffic, the driver has a duty of care to prevent accidents by reducing speed and driving safely by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the part adjacent to the right side of the Defendant’s car left side of the passenger car of the victim C (Nam, 59 years old) driving from the Cheong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

As a result, the Defendant caused the death of the victim due to cerebral cerebral cerebral tymosis around 01:20 on July 14, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each entry in the actual condition survey report, a photo at the scene of accident, a copy of a death certificate, and a copy of a photograph of the changed person, or the application of video-related 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 Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 2 (Recommendation Death of Traffic Accidents) (Scope of Recommendation] Special Mitigation Zone: Imprisonment without prison labor for not less than two months from February to October: there is no reasonable fault by the victim, no penalty surcharge surcharge / No special aggravation factor:

3. Determination of sentence: Six months of imprisonment without prison labor;

4. Whether a suspended sentence is suspended or not: 2 years (major reasons for a suspended sentence): A significant fault of the victim, a lack of punishment, and a negative consequence that there is no record of criminal punishment: Death (general reasons for a suspended sentence): a clear and serious social relation;

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