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(영문) 대전지방법원 논산지원 2013.06.18 2013고단73
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 one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 8, 2012, the Defendant driven B cargo vehicles on December 14:11, 2012, while proceeding the front road in front of the lagic lag in the lagic lagic lagic lag from the laging surface of the equipment, the Defendant received the left-hand shoulder part of the victim C (Nam, 87 years old) laging from the right-hand part of the Defendant’s driving vehicle by negligence in the course of business, which did not accurately manipulate the steering devices, brakes, etc. of the vehicle without looking at the lag and right-hand side and does not accurately manipulate the steering devices, etc. of the vehicle.

On March 4, 2013, the Defendant caused the death of the victim to the respiratory part due to brain side.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statute to entries in the actual condition survey report and death diagnosis report;

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 (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and 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: The suspension of execution of imprisonment without prison labor accompanied by the community service order within the scope of recommendation shall be sentenced within the scope of recommendation, comprehensively taking into account, as a whole, the major reasons for the suspension of execution and all the circumstances shown in the arguments as seen earlier, such as the death [general reasons for the suspension of execution] positive: The death [general reasons for the suspension of execution] that has no criminal record of the suspension of execution, the absence of any criminal record of the suspension of execution or higher, and the absence of adverse effect

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