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(영문) 대전지방법원 논산지원 2014.01.28 2013고단495
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 September 24, 2013, at around 21:52, the Defendant driven a C-Wurd-Wd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed,

As a result, the Defendant caused the victim to die due to the cardiopulmonary brain injury in around 22:07 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Each entry in the actual condition survey report, each photograph, and death diagnosis report, or the application of the 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;

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 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 a suspended sentence is positive for two years (the main reasons for a suspended sentence): Partial negligence of a victim, negative negative results of a suspended sentence: Death [general reasons for a suspended sentence]: There is no negative effect that there is no criminal record of more than a serious reflection or more severe reason for a suspended sentence: (comprehensive comparison evaluation] considering all the circumstances revealed in the arguments, including the fact that the defendant has made considerable efforts to agree with the bereaved family members of the victim, such as the fact that he has made considerable efforts to agree with the bereaved family members, a suspended sentence of imprisonment without prison labor accompanied by probation and community service order, such as the order

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