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(영문) 대전지방법원 2016.05.04 2016고단73
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On December 2, 2015, the Defendant: (a) was a person driving a 1 ton cargo vehicle C, and (b) around December 14:10 on December 2, 2015, the Seo-gu, Daejeon-gu, Seo-gu, Daejeon-dong, the front road of the 501 East-gu, is driving one lane between the two lanes in the direction of the Suwonwon 4 in the direction of the Seo-dong. In the event that he was negligent in performing his duty to see on the front left side, the Defendant’s negligence in the course of business, without neglecting his duty to see on the front side, and caused the death of the victim D (n, 66 years of age) who was going to the left side from the right side of the direction of the course, by shocking the above front part of the said vehicle into the front part of the vehicle, and caused the death of the parous shock at the Seoyang-gu, Seo-gu, Daejeon-gu, Daejeon-dong 158.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a survey report, and an accident scene photograph;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of the recommended punishment] shall not be punished in the area of mitigation (from April to October) (the area of mitigation of traffic accidents in the range of special mitigation];

2. Determination of sentence: (a) the occurrence of a serious result of the victim’s death by the instant accident is an unfavorable circumstance.

It is advantageous to the fact that the defendant's mistake is recognized and against the defendant, the vehicle of the defendant is covered by a comprehensive insurance, and the victim's bereaved family member's bereaved family member does not want the punishment of the defendant.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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