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(영문) 대전지방법원 논산지원 2014.07.22 2014고단163
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 August 15, 2013, at around 16:40 on August 15, 2013, the Defendant: (a) driven a C-wing truck, and driven a road near the sea-sloping area of the west-gun, Chungcheongnam-do, Chungcheongnam-do; (b) driven by the victim D (ma, 74 years old) driving in the direction of the same direction from the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the road; (c) caused the victim to shock

As a result, the Defendant suffered serious injury to the victim due to brain damage and cerebral disorder in detail.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of each description of the reply, the actual condition survey report, the field photograph, the diagnosis report, the diagnosis report, the examination report on the residual disability, the examination report on the request for investigation cooperation, or the application of statutes on images; and

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

2. Basic area of sentencing criteria [Determination of types] Transport Crime Group, General Traffic Accident Type 1 (Recommendation range of Death from Traffic Accidents): Imprisonment without prison labor for a period of April to October: Special heavy factors of the victim's negligence concerning the expansion of damage: serious serious factors of serious injury.

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

4. Whether a suspended sentence is suspended or not: A positive result of the suspension of execution of two years [main reasons for the suspension of execution]: A negative result of the victim's considerable fault or criminal punishment: A negative result that there is no history of criminal punishment: Subscription to the comprehensive motor vehicle insurance, deposit of some funds: There is no serious reflect (comprehensive comparative assessment). It appears in the main reasons, reasons for general reference, and arguments as seen earlier.

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