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(영문) 춘천지방법원 2016.01.28 2015고단1277

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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 of a C Poter cargo vehicle.

On July 26, 2015, the Defendant driven the above cargo vehicle around 20:43, and led the two-lane road in Chuncheon City D from the two sides of the small dams to drive about 60km each hour at a speed of 50km from the new north-distance bank.

In such a case, the driver has a duty of care to operate safely by accurately operating the steering and brakes while living well on the right and the right and the right and the right and the right and the right and the right and the right of operation

Nevertheless, the Defendant neglected this and found the victim F (the age of 82) to walk the road to the right side of the left side of the direction of the course and immediately drive the road, but did not stop, and was the victim with the front part of the said cargo vehicle.

Ultimately, the Defendant caused the victims of the above occupational negligence in light of the above 21:13th day, resulting in the Defendant’s death with a fresh incient sexual organ that was accompanied by a supuus cuus fus at the Chuncheon sexual hospital located mainly in the number of 77 in Chuncheon-si in the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of crimes] shall not be subject to punishment for the death of traffic accidents (special mitigation elements], and the punishment (the scope of recommended sentence] shall be limited to imprisonment without prison labor for April through October (the area of mitigation);

2. Although the result of the instant crime is serious, such as the death of the victim who was sentenced to sentence, the Defendant has a deep depth of the mistake, the Defendant has agreed with the bereaved family members of the victim, the bereaved family members of the victim do not want the punishment against the Defendant, and the vehicle driving of the Defendant.