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(영문) 대전지방법원 논산지원 2013.07.09 2012고단518
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;

Reasons

Punishment of the crime

On August 4, 2012, the Defendant driven a DPP car on August 16, 2012, and got to turn to the left from the ambrith of the ambrith of the ambrith of the ambrith of the ambrith of the ambrith of the ambrith of the ambrith

Since there is a three-distance intersection where a yellow on-and-off signal is installed, the driver has a duty of care to yield the right to the right to the left at the intersection, even if the driver has a duty of care to yield the right to the right to the other vehicle facing the intersection, and the defendant was negligent in neglecting this duty and received the fGSX1300Ra of the victim E (Seoul, 42 years old) driving from the external area of the road, which was left directly from the external area of the eth (ma, 42 years old).

The defendant caused the death of the victim of the same day by low blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed descriptions of the actual condition survey report, photographs of the scene of accident, and death diagnosis report, or the application of 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the accused among the reasons for sentencing following the suspended sentence);

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 to suspend the execution or not: The existence of part of the victim's negligence, and the negative result of the non-execution of punishment (the reason for general participation): positive social relation is clear, serious reflect, and there is no criminal record of a suspended execution or more, the defendant's old and health status is not significantly good, and there is no negative reason for the defendant to subscribe to the comprehensive motor vehicle insurance (comprehensive comparative assessment) prior to the suspended execution or the general participation.

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