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(영문) 대전지방법원 논산지원 2014.11.11 2014고단341
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On July 14, 2014, the Defendant, at around 11:00, driven a B Lone Star Reduction 6 B, while driving a car along a one-lane in the direction of fluence at a railroad crossing located in the new Sinan-Eup, Sinsan-si, and was on the part of the Defendant’s front right side of the freight vehicle, the Defendant was on the part of the victim C (the South, 56 years old) who was walking along the road in the same direction due to the occupational negligence that did not properly look at the front side while driving a car in the direction of the railroad crossing.

As a result, the defendant caused the death of the victim by a low-blood shock by double dystroke and double dystroke on the same day at around 13:12.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of the actual condition survey report, on-site photograph, and death diagnosis report, or the application of video-related Acts and subordinate statutes;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Basic area of sentencing guidelines [decision of types] Transport Crime Group, General Traffic Accident Type 2 (Recommendation Death, etc. of Traffic Accidents): Imprisonment without prison labor for a period of eight months from August to June: None of special mitigation factors: None of special aggravation factors:

3. Determination of sentence: Ten months of imprisonment without prison labor;

4. Whether or not the suspension of execution is positive: A sentence of imprisonment without prison labor shall be imposed within the scope of the recommendation, comprehensively taking into account the following circumstances: the victim's death (the main reason for the suspension of execution): the victim's death (the reason for the suspension of execution): the serious reflective behavior; the purchase of a comprehensive motor vehicle insurance; the negative consequences of the victim's negligence: two or more times of suspension of execution; the criminal records of traffic crimes are at least four times in total; and the criminal records of the suspension of execution are at least one time of alcohol addiction (comprehensive comparative assessment).

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