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(영문) 춘천지방법원 강릉지원 2013.07.18 2013고단230

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 of Cknife vehicle.

Around 01:00 on February 14, 2012, the Defendant driven the above van, and proceeded at a speed of about 64 kilometers in speed from the front of the entrance apartment in the valley of Gangseo-si to the front of the city of the city at the boundary of the government-dong University from the inside of the erogate.

At the time, since the victim D(39 years of age) seems to enter the road, there was a duty of care to confirm and drive the safety of the victim D(39 years of age) by reducing the speed and taking the attitude into account.

Nevertheless, the defendant neglected this and caused the victim to go beyond the ground by shocking the victim's bridge part of the victim's bridge crossing the road to the right side from the left side of the proceeding direction by negligence.

As a result, the Defendant caused by the above occupational negligence to the victim a 6th degree disability from a brain disease, thereby causing an incurable or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. On-site photographs;

1. A medical certificate;

1. Investigation report (related to treatment of victims);

1. Application of Acts and subordinate statutes to express opinions;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Aggravation of recommendations on the sentencing guidelines: Scope of recommendations [decision of types] on the sentencing guidelines, traffic crime group, general traffic accident Type 1 (Bodily Aggravation of Traffic Accidents) - Where a serious injury occurs - Where the occurrence of a serious injury occurs - Where the victim has gross negligence on the occurrence of a traffic accident (the scope of decisions and recommendations in the recommending field]: April - October.

3. Determination of sentence: Imprisonment without prison labor;