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(영문) 춘천지방법원 원주지원 2016.02.03 2015고단1090

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle in CM5 vehicle volume.

On October 30, 2015, the Defendant driven the above vehicle at a speed of 2646 U.S. Won-si, North Korea, and the front side of the Korea Railroad Facilities Corporation, along with one-lane from the school bridge in the U.S., at an insular speed.

Since the location is a hond road along the direction of the three-lanes, a person engaged in the driving of a motor vehicle has a duty of care to reduce the speed and properly manipulate the steering direction and the brake system by examining the direction and the right and the right and the right of the road.

Nevertheless, the defendant neglected this and did not discover the victim D (hereinafter referred to as 46 years of age) who was crossing without permission from the right side of the defendant's moving direction from the defendant's moving direction to the left side, and received the victim's body parts in front of the left side of the defendant's driving vehicle and had the victim go beyond the floor.

In the end, the Defendant caused the death of the injured person within the scargic hospital in the scargic hospital in the scargic city, Nowon-si, 20:05 on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crimes, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Special sentencing factors: Reduction factors - Non-conformity of punishment, and substantial negligence of the victim (unauthorized crossing)

(c) Scope of recommendations: Reduction area, four months to ten months; and

3. Determination of sentence: Six months of imprisonment without prison labor, two years of suspended execution (the first crime and the reflective fact, the victim's negligence, and the victim's death;