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(영문) 대전지방법원 논산지원 2014.08.12 2014고단166
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 February 16, 2014, the Defendant driven a low-priced car around 14:10, and led to the progress of the roads in front of the rice processing site of the Sofa-U.S. Domini-Eup, Seosan-si, Seosan-si.

Since there is an intersection where signal is not installed, the driver has a duty of care to confirm whether the driver has a cross-road by reducing the speed or temporarily stopping and safely drive the vehicle.

Nevertheless, due to the negligence of the Defendant’s failure to do so, the Defendant did not discover the warning engine of the victim D (Nam, 73 years old) who entered the intersection by going directly from the right side of the Defendant’s running direction, and the part on the right side of the Defendant’s passenger car and the part on the right side of the victim’s driving.

The defendant caused the death of the victim on February 27, 2014, around 08:18 on February 27, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. The application of each description of the actual condition survey report, field photograph, etc., the network diagnosis report, and the determination of brain death, or visual 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, 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: The positive results of the suspended sentence of two years (the main reasons for such suspended sentence): The positive results of the victim's considerable fault, the negative results of the suspended sentence: The social relationship.

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