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(영문) 춘천지방법원 2016.03.25 2015고단1248

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 C-A-hurd motor vehicle.

On November 26, 2015, the defendant operated the above car at around 18:40 on November 26, 2015, and led to the 31-lane national highways in front of the successful apartment unit in Yangyang-gu, Yangwon-gu, Yangyang-gu, Yangwon-gu, Yangwon-do, to the scrupted area of death in both sub-Eup.

At the time, it was difficult for a driver to see the front-round light due to the beam of vehicles running along the night and the front-round road. Therefore, a person engaged in driving service has a duty of care to reduce speed and to see well the right and the right and the right of the front-round.

Nevertheless, the Defendant neglected to do so and found it late after driving the victim D(67) driving prior to the same direction, and caused the left-hand part of the loading box of the said horse to the right-hand part of the Defendant’s car.

Ultimately, the Defendant caused the victim’s death by occupational negligence on November 27, 2015, at the Hancheon-si Hospital located mainly in the number of 77 Ycheon-si around 09:50 on November 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report (1 Bo, 2 Bo, 300), photograph (8 times);

1. Application of Acts and subordinate statutes to death certificates;

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommended punishment according to the sentencing guidelines [type of crime] : Deposit of an amount equivalent to the death or injury of a traffic accident (general mitigation element], subscription to the comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment (Scope of recommended punishment] from August to June of imprisonment without prison labor;

2. The severe result of the death of a victim by causing a traffic accident by negligence by a defendant sentenced to sentencing;