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(영문) 춘천지방법원 속초지원 2015.11.25 2015고단461

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt-Wurd Motor Vehicle.

On August 23, 2015, the Defendant driven the said car at a speed of approximately 70km per hour from both sides to the west of the Yanyang-gun, which is located on the north of the Yanyang-gun, both sides of the “Saun apartment” road at a speed of about 70km per hour.

At the time of night, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to drive the vehicle and caused the shock to the victim by taking the victim's right bridge part, etc. on the right side of the victim D (the age of 60) who walked on the road on the right side of the road due to negligence.

Ultimately, the Defendant caused the victim's death from the occupational negligence above to the multiple trauma.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and on-site photographs;

1. Application of the Acts and subordinate statutes on identification of deceased persons;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the event that there is considerable negligence for the occurrence of traffic accidents or the expansion of damage to the victim (special mitigation) in the area of mitigation of traffic accidents in the category 2 (Crime of Death of Traffic Accidents) [Special Mitigation] [Pronouncement Decision], 6 months without prison labor, 2 years prior to the suspended sentence, 2 years prior to the suspended sentence, which caused the death of the victim by negligence, which caused the death of the victim, is not good, and 3 years prior to the suspended sentence, and there is no agreement with the bereaved family members of the victim. However, the road above the road where the victim did not have street lamps, which caused the instant accident, and thus there is considerable negligence on the part of the victim