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(영문) 대전지방법원 논산지원 2013.08.30 2013고단206
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;

3.

Reasons

Punishment of the crime

On May 9, 2013, at around 07:30, the Defendant driven a truck truck truck freight vehicle with B Hyundai 5 tons, and continued to drive the intersection in front of the three drawings of Chungcheongnamnam-gun, Chungcheongnamnam-nam, “Seoul AFT” at a speed of approximately 70-80km from the breadth of the river.

At that time, since there is an intersection where traffic control is not performed, there was a duty of care to yield the course to the vehicle when there is another vehicle already going through the intersection.

Nevertheless, the Defendant neglected to do so and proceeded with it as it was, by negligence, received the part on the left side of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle, which was directly entered the victim C(E, 67 years old) driveed from the right side of the proceeding direction to the chip ta, with the chip of the victim C(E, 67 years old) driving.

As a result, on May 9, 2013, the Defendant caused the death of the victim due to multi-growth donation, etc. around 07:55.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, accident site photograph, and body autopsy report, or the application of visual 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. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

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 or not to suspend the execution: One year of the suspension of execution [main reasons for the suspension of execution] positive: Non-compliance with the punishment or negative results of criminal punishment: Death [general reasons for a suspension of execution] positive: There shall be no criminal records of a serious reflect or more suspension of execution.

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