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(영문) 대구지방법원 의성지원 2014.09.25 2014고단186
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On July 1, 2014, at around 18:55, the Defendant driven the car of the Fexton and proceeded with the 68 local highway in the size of 3 accounting to the Do-gun of the Gyeongbuk-gun, the Do-gun, the Do-gun, the Do-gun, the Do-gun, the Do-myeon-gun, the Do-

The Defendant got 82.6 km a speed exceeding 60km on the above road, and neglected the duty of Jeonju City on the road, and caused the Defendant to die of the victim C (the age of 70) who operated the road on the right side of the road from the road to the external 3 square meters away from the direction side of the proceeding direction of the Defendant, by taking the left side part of the victim C (the age of 70) who was driving the road on the road on the road from the upper side of the road of the luxton vehicle into the front top part of the luxton vehicle, i.e., the victim to die

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the occurrence of a traffic accident, report on a traffic accident, actual investigation report, death certificate, and traffic accident investigation and analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. Application of the sentencing guidelines [Determination of types of punishment] Transport Crime Group, General Traffic Accident Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) where there is considerable negligence in causing or expanding traffic accidents even to victims, in the event that the victims are not subject to punishment [the scope of recommendation] special mitigation area, from February to October [the general mitigation] violation of speed [the main reason for the suspension of execution of execution of sentence] death [the main reason for the suspension of execution of sentence] where the victims are negligent in causing traffic accidents or expanding damage [the reason for the suspension of execution of sentence], violation of speed prohibition [the reason for the suspension of execution of sentence]] violation of the suspension of execution of sentence.

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