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(영문) 대전지방법원 2013.07.26 2013고단2088
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 7, 2013, at around 09:50, the Defendant driven a CSS3 car, and moved to a right-hand 116 km in front of the Taepung-dong, Taepung-dong, Daejeon, on the right-hand side from the Eastern to the right-hand 10km. The Defendant neglected his duty of care to check whether there was a person who gets to reduce speed and to see the front left-hand, while driving on the right-hand side of the road, and led the victim D (the age of 82) who opened the crosswalk to the right-hand side of the moving direction, followed the Defendant’s driving vehicle by his occupational negligence, received the victim from the front-hand part of the Defendant’s driving vehicle, and caused the death of the victim at the Jung-gu, Daejeon Hospital located in Daejeon-gu, Daejeon Special Metropolitan City, which was treated at around 10:33 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] 1 to 5 years [Special Convicts] of imprisonment without prison labor - (Special Convicts] - (General Convicts) mitigation elements (limited to matters not subject to punishment ] / [Scope of Recommendation), traffic crime group, general traffic accident (accident of traffic accident), mitigation area, reduction area, suspension of execution from April to October of imprisonment without prison labor / Major reason for writing - Occurrence of death - Major reason for writing - There is no history of punishment - General reason for writing without prison labor - No history of criminal punishment - Social relation is clear, serious reflects: The defendant's age, defendant's detention with excessive difficulty to his/her dependents, accompanied by comprehensive motor vehicle insurance [decision of sentence] 10 months and suspension of execution 2 years.

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