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(영문) 수원지방법원 2017.05.16 2017고단1329
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Around 17:10 on February 19, 2017, the Defendant: (a) driven the said car at an intersection at the entrance of the company located in the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith of the rith;

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) a actual survey report;

1. Investigation report (the victim D's death diagnosis report);

1. Application of Acts and subordinate statutes concerning postmortem records;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Standard for the type of punishment and sentence [the type of determination] general traffic accidents, Type 2 (Death of Traffic Accidents) [the person subject to special sentencing] punishment [the scope of recommended punishment] mitigated area, imprisonment without prison labor for not less than four months or imprisonment without prison labor for one year;

(b)standards for suspension of execution (major reasons) negative - death.

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